Personal Information was stolen due to a phishing incident with the company I worked for.

UPDATED: Oct 1, 2022

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Personal Information was stolen due to a phishing incident with the company I worked for.

Company had a data breach, emails were
stolen. They sent a paper notifying me,
am I in the right to sue? Someone might
have my email, social security, etc just
because of thier incompetence. I’m from
New Jesery.

Asked on January 5, 2019 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you most likely cannot sue your employer: as you write, the information was stolen. Your employer is not responsible for the criminal actions of third parties unless you can prove that their security was badly inadequate or that they were unreasonably careless. The mere fact that the information was stolen does not prove their fault in allowing the theft to occur; you have to actually prove fault. 
Further, even if they were at fault, you cannot sue over what *might* happen: there is no compensation for hypothetical or possible or theoretical losses, only for what actually does occur. Only if you suffer some loss that you can trace back to the theft of this data might you have a via le lawsuit, even if they were at fault.
Someone is to blame--the thief or criminal. That does not, unfortunately, mean they will see justice, unless identified or caught.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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