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  #1  
Old 07-07-2009, 08:24 PM
jgr jgr is offline
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Join Date: Jul 2009
Posts: 2

Employer Improperly Disseminated my SSN and Birth Date


Residence: Virginia
Former Employer: Maryland

A former employer has improperly disseminated my social security number and birth date to another employee. As part of a 401(K) distribution form, they sent another former employee my information and his information to myself.

Given the severity of identity theft, I'd like to see recourse on this matter. What options do I have?
  #2  
Old 07-07-2009, 09:08 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,853
You have no options and no recourse, you have suffered no damages. Do you really think that your coworker is going to steal your identity? It would be very easy to catch him if he did.

It was a mistake. Mistakes happen. You don't get to sue for it. And if you try, you'll probably get fired (legally).
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

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  #3  
Old 07-08-2009, 06:09 AM
jgr jgr is offline
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Join Date: Jul 2009
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For⋅mer  [fawr-mer]
–adjective
1.preceding in time; prior or earlier: during a former stage in the proceedings.
2.past, long past, or ancient: in former times.

I don't think firing is a concern.

And yes, identity theft is problem in today's society. Whether I can catch the former employee is irrelevant to the matter. Once your credit is damaged it doesn't matter whether you know the perpetrator or not. What I care about is exploiting the potential liability the company faces in the event that my identity does get stolen. Given that it's a small company and the potential liabilities involved, I don't see why they wouldn't logically move toward a settlement.

And just because it's a "mistake" doesn't give anyone a pass. What kind of hare brain logic is that? Corporations get sued over mistakes and carelessness all the time.
  #4  
Old 07-08-2009, 06:35 AM
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Join Date: May 2007
Posts: 571
Your recourse is limited to recovering your actual damages. Not what might happen or could happen.
  #5  
Old 07-08-2009, 07:03 AM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,853
Even IF you could prove that you were damaged as a direct result of this mistake, it's questionable whether you would be able to win a suit against your (former) employer as opposed to against the actual person who stole your identity.

Did you decide to steal your ex-coworker's identity just because you received his information by mistake? Do you even know HOW? The chances that your ex-coworker did anything other then throw the mistaken statement in the shredder are miniscule.

No damages, no case.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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