I received a letter today from my former employer. I haven't worked for them for more than 2 years. They discovered recently that an undisclosed number of W2s were sent to a third party. I'm being offered an identity theft plan.

Do I have any other rights or protections available to me?

The employer is located in California and I am located in Kentucky.

  • 3
    Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
    – Jim G.
    Nov 20 '18 at 18:15
  • 3
    Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
    – tmgr
    Nov 20 '18 at 18:25
  • 5
    This question is really more about legal privacy rights, so I think it would be better suited over at Law.
    – David K
    Nov 20 '18 at 18:29
  • 4
    I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
    – Time4Tea
    Nov 20 '18 at 18:29
  • 3
    Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
    – Ertai87
    Nov 20 '18 at 20:22

Short answer: you need to talk to a lawyer.

This could be an important legal issue - both the contents of the identify theft plan and possible compensation for the data breach. You don't want to try to get an answer off Workplace stackexchange. You want to consult with someone who knows the law and can advise you on how you should handle the situation.

  • I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
    – Freiheit
    Nov 20 '18 at 18:57

From a layman view, I don't think you got much to go on. You need actual damages before you can get something done. Did someone take out a loan with this information? Is your info on the dark webs?

My advice is to get a credit monitoring service, maybe the one offered by your employer. Then monitor your credit report to see if anything is done. Generally speaking, by signing up for the credit monitoring service, you're granted some insurance in the event your info is used. I have Lifelock and they grant a 1 million dollar protection and coverage for lawyer costs to get the items removed from my history should something happen.

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