Can I sue my employer if my identity has been compromised by a negligent manager?

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Can I sue my employer if my identity has been compromised by a negligent manager?

My SSN, home address, full legal name, and other personal information was listed on a paper I had to sign after I returned from my week off. The information was hanging on the new/bulletin board for 6 full days in plain sight with other notes and memos that other employees had to view.

Asked on January 15, 2016 under Personal Injury, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In oreder to collect on something like this (i.e. a personal injury), you need to show that you were harmed by the negligence of another. While there seems to be little dout that it was more tha carless  for thisinformation to be publiclyposted, you have not been damaged by it...at least not yet (and hopefully never). Until that time, you can fie a valid legal claim. Damages must be actual and not speculative.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could possibly sue them IF you suffer some loss (e.g. someone steals your identity and takes money from you, runs up charges in your name, or ruins your credit) using this information--i.e. if you can show that you were injured or damaged by this carelessness. That's because the law does not provide compensation for hypothetical injuries or what "could" happen: it only provides compensation for actual losses, costs, damages, injuries, etc. So if, as we hope, nothing bad has happened to you, you do not have a lawsuit.


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