QUESTION

SSN breach

Asked on Dec 20th, 2020 on Labor and Employment - New York
More details to this question:
My employer was giving out the sick time payments. When I went to collect my check I found out that all the check were opened, with all sensitive information (SSN, address, pay rate, amount paid, etc)visible to every single person that went to the folder. The folder was on top on a cabinet and every employee had access to it. Can I sue my employer for that?
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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So every employee could have taken and cashed your paycheck but they did not? You should probably keep an eye on your credit reports and monitor your loan activity or applications for a while. Damages. Every employment case and essentially all other legal claims are based on damages. And you would be the potential plaintiff on whom the burden of proof would lie. 1) Was the plaintiff damaged? 2) if yes what are the plaintiff's damages? 3) How will the plaintiff prove those damages? 4) What other remedies might be available and how much will it cost to pursue them? Employers are not perfect. They make mistakes. All the time. But they and their managers hand out paychecks. Employees who are "at will" work at the mercy of those who pay their wages or salaries. Employers can keep bad managers and fire good employees. The beauty of "at will" employment is that if an employee is not happy at the workplace they can quit. No questions asked. And if an employer is simply tired of seeing an unhappy employee at work every day they can release them from their misery. Not every employer is a good fit. If you are over this one find a new job first, then quit and move on.
Answered on Dec 21st, 2020 at 5:42 AM

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