Disclosure of Social Security Number on W2

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Disclosure of Social Security Number on W2

The employer mailed the W2 forms with the
Social Security number showing in the address
window. Therefore employee name, address
and social security number were visible. Does
the employer required to provide an option to
motinor credit for employees?

Asked on January 24, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the law does not require them to provide credit monitoring; and you could only sue them if you suffer from loss (such as from identity theft) traceable to this--if nothing happens, there is no grounds for legal action, since the law only provides compensation for actual loss, harm, costs, etc. (It would, however, be wise for them to offer credit monitoring, since that would help avoid or reduce liability for them, by hopefully heading off problems before they become significant--but they are allowed by law to make the unwise choice and take their chances.)


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