Visitor Question

Workplace ID Theft…

Submitted By: Jim (Arizona)

Two employees at the company I work for were charged and convicted of fraud, money laundering, and embezzling company resources. Some employee’s information (including mine) was used in their scam. This all happened between 2008 and 2010.

I was not aware of this situation until Jan. of this year (2013) when the States Attorney Generals office notified me that information from my personnel file had been used by these two employees and that I was a victim of Identity Theft.

My legal question is, Did my company have a legal obligation to inform me that my personal information had been compromised? If so, at what point in time should they have notified me, and, do I have an actionable complaint? Would they be responsible for any resulting damages? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jim,

If your employer knew about the fraud and failed to timely notify you, you may have an actionable legal claim. To succeed in your claim you will have to prove their failure to notify you resulted in a financial loss to you.

If you believe your employer’s failure to notify you did result in financial losses to you, it’s highly likely you will need an attorney to take legal action. It’s unlikely your employer will admit to causing your financial losses. An attorney can file a lawsuit, take depositions, subpoena company records, etc. These are actions you will not know how to do on your own.

Gather whatever proof you have and consult with an attorney. Your claim is a “hybrid.” It is somewhere between a personal injury claim and a corporate damages claim. You might consult with several personal injury attorneys first. Most won’t charge for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 8, 2013

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