FL, personnel file left unlocked file cab, identity theft, can I sue company

[CarlaC]

FL, I left Office Mgr position in Dec 2000, moved to VA in Feb 2001, Someone from company stole my name, SS#, d.o.b, from unlocked (no key) file cabinet in front office accessible by 40 techs and office personnel. It's left unlocked at all times. They set up fraudulent credit cards in my name using my info obtained from personnel file. I know this because on one of the credit cards, they used the company address to receive the card in the mail and as billing address.

Can I sue this company holding them resposible for my grief now, and knowing someone may indeed have my personal information for the rest of my natural life? I contacted a lawyer, she did not know of any case law or preceidence set, told me to wait to see if I incur financial problems. So far it has been 2 full days of writing, calling and fretting. (3 days later after contacting company and having them shred my personnel file, police called, asked admin. and file drawer remains unlocked, also found out cleaning crew comes to clean, unsupervised)

I have cancelled all bank accts, credit card accts, called social security office, if this person ruins me, my husb could lose his job
Can anyone help me? I don't know what to do.

[Edited by CarlaC on 07-02-2001 at 12:45 AM]

 

[HRChick]

Reply

How long ago did all of this happen? From the time someone accessed your file to the fradulent credit cards? I think the first thing I would advise you to do is to order your credit reports and credit score, so that you can see exactly what was done, what damage was done and how this is going to affect you financially. If you have ever ordered a credit report before this time, I suppose it will help to determine where you were then and how this situation has or is affecting you now. Take this to a good lawyer, armed with names and all and they should be able to help you out.

 

[CarlaC]

HRchic

Thank you for the advice, I found out about this last Tues, 6/26, and I have put fraud alerts on all 3 credit reporting bureaus as well as requested my reports be sent, sent letter to ss admin w/ a picture and not to give out a cert. copy of birth cert w/out pic I.D. Have cancelled checking/sav accts, all credit cards, and have filed a police report.
I did speak with a lawyer, but, she said she did not know of a case law or precident that would work in this case, I have been searching the internet and can only find a law with regards to medical paperwork be kept separate from personnel records and the medical records be kept locked. I have also found statutes stating the employee requesting information from their personnel file must be supervised. But nothing yet about personnel records being kept confidential. If there is no precedent or case law now would it even be worth atty fees to go forward with a suit. This company is has est worth of 35-40 mil, and ironically is in the communications field. Again any help would be greatly appreciated.