Is inadvertently disclosing a prospective employee’s social security legally actionable number?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is inadvertently disclosing a prospective employee’s social security legally actionable number?
Pre-employee signed an authorization to utilize his information through Kronos (employment software) in an effort to get hired. The employer’s system was not working correctly. Hiring manager sends out a group email with a copy of the Kronos’ page to show what the problem is, asking for assistance to get this person hired. The copied page had his social security number on it. If you have authorization, did the hiring manager do anything wrong?
Asked on August 12, 2014 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The manager and company may have done something wrong in the sense that this information should not have been disclosed in this fashion; it may have been negligent, or unreasonably careless, to have released it this way. However, you cannot sue for theoretical or possible harm, only actual harm. So IF the information is then misused (e.g. to defraud you; for identity theft; to steal from you; etc.) by someone who only found out your social security number due to its incorrect widespread release, you may have a viable lawsuit for damages or compensation. However, if--as we hope--no harm comes to you, there is no basis for a lawsuit, since you cannot receive compensation in the absence of a loss for which you should be compensated.
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 AttorneyPages.com 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.