IAAL, or someone can you help?

I quit my job as Office Mgr in Dec 2000 in Florida. Moved out of state in Feb 2001, just found out someone from that company has opened 2 credit cards in my name in April 2001, using my full name, SS#, d.o.b. and possibly other confidential info. I know it was someone from this company because the return address is the work address on the credit cards and there has also been phone calls made to the cc company from the work phone #.

I also know the info was taken from my personnel files. The file cabinet that holds all personnel records is left open at all times (no key), I had asked my boss to put the personnel records in his office when I first started there (3 mos after) to be safe (he had 2 drawers empty in his file cab), he told me he didn't want to be bothered with them, and for me to keep them in the the general office.

The first day I found out about this, (6-26, Tues)I called the office in FL and had the office guy shred my personnel file, it took him all of 5 seconds to locate my file, he said he would. I had called the local police to file a police report, the officer called this company on Fri (6-29), and the file cabinet still had not been locked or any different precautions been taken to keep info safe. I had also called the hdqts. of this corp. but left a voice mail, they never called back. I called them again Thur (7-5), they said they got my call and gave it to H.R. dept. but I never got a call from anyone.

This office is a general hang out for 40 techs in the mornings and anyone can have access to them any time of the day, they have also hired a cleaning crew that comes in, but I don't know if in day or night.

I have been working closely with the cc companies, and they have been instrumental in assisting the police with an investigation, I have been told I will not be held responsible for the $$. Tthey are coming close to finding this criminal. I also have a friend who used to work there as well, this person has apparently tried to do the same to her, on one of her credit reports it showed 6 inquiries from banks, she has bad credit so they won't give a new cc for her. I guess, lucky her...

My question is, I would like to hold this company responsible for everything that I have had to go through, knowing this person/persons have my identity for the rest of my life. I would like to bring a civil law suit against them possibly for gross negligence. Is this possible? I talked with the cc investigations lady, she said the only way to show proof I have been financially burdened by this was to take over the payments on this bill. Otherwise she will send this person a letter giving them the option of taking over the bill, if they do this, I will not have suffered anything $$ and will then not be able to pursue civil action against the company. Also, if this has happened to me, and someone else, could it then be a class action? Also, could I put an ad in their local paper asking that anyone employed at this company call me to talk to me, so they too can look at their credit reports to see if they are in my same situation? This company is worth approx 35-40 mil. They,my personnel files should have been locked up or at least kept these records at least reasonably safe.
I have done everything possible to protect myself, cancelled cc, bank accts, put a restriction on my birth. cert., put fraud alerts on credit 3 credit bureaus, called SSA. I have also kept detailed records of who I've spoken with, time, dates, etc.,

I know I have asked a lot of questions, if you could please answer them, I would know what I was facing,
Thank you.
Carla C.

[Edited by CarlaC on 07-09-2001 at 11:13 PM]

[JETX]

Simple answer to a large problem. Unless you have actually been 'damaged', you really have little or no basis in a lawsuit.

And even if you had been damaged, you would need a large wheelbarrow (maybe two) full of money to pay the legal and court costs, depositions, investigation, etc. Due to the unlikely chance of judgment of any size, I can't imagine any attorney taking this case on a contingency (percentage of awared) basis.

You have done everything you can to protect yourself. My suggestion would be to be happy that you were able to protect yourself (sounds like you did just what was needed!) and move on with life.