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Employee Personnel Files Security

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MrFrankBooth

Junior Member
What is the name of your state? California

I have a friend who is employed by Starbucks Coffee. She was recently shocked to discover that her manager had been leaving the personnel files unlocked where anyone working in the store could access them, and did. The files contain personal information such as address, SSN, medical information, wage information, any disciplinary actions, performance evaluations, etc etc. Employees were taking "carte blanche" with the files, reading their own, and other employees files. She informed the district manager about this situation and the district manager stated, "Hmm, well we will have to check into that" and appeared not to be shocked or alarmed.

My question is were any laws or regulations violated? Should my friend pursue legal action and if so against who? The store, the manager?:(
 


cbg

I'm a Northern Girl
No, no laws were violated. It was carelessness, but that's not illegal. The law does not require that personnel files be locked or limit who can see them. And unless your friend has verifiable proof that she has suffered damages because of this, she has no legal recourse against anyone.
 

demartian

Member
Notification

I know that Senate Bill No. 1386 states that if you have computerized information on any California resident and it gets accessed by someone that it shouldn't then they need to notify you that your information was accessed.

This probably would not apply to paper files in an office. Either way, they aren't really liable for anything, but keep an eye on your credit report that no one is using your info for anything.
 

MrFrankBooth

Junior Member
Thanks for the replies. It is unlikely any sort of monatary damages to my friend will result from this at all. I think she is more interested in seeing some sort of disciplinary action taken against the management personnel that left the files unlocked, but it seems this is more of a company policy issue than a legal one.
 

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