If my previous employer sent me a W2 but from the envelope window my SSN was fully visible, could I hold them liable for potential identity theft and for being careless with my private information?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my previous employer sent me a W2 but from the envelope window my SSN was fully visible, could I hold them liable for potential identity theft and for being careless with my private information?
Asked on January 27, 2016 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no liability for "potential" identity theft or for being "careless" uniess you suffer some actual harm traceable to their negligence, or carelessness; that is because the law does not provide compensation for theoretical or hypothetical losses or injuries, but only for actual losses caused by another's actions. So IF your identity is stolen and you suffer some injury or loss from it, and there is some evidence that it was because of this, then you may have a cause of action, but not until then.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.