If an employee in H.R. gave away all of our employee W2 information to a scammer and this has caused me financial problems, do I have a case?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an employee in H.R. gave away all of our employee W2 information to a scammer and this has caused me financial problems, do I have a case?

An employee in H.R. at my company gave away the W2 info of all of our employees to a scammer posing as our company president. Now a fraudulent tax return has been filed in my name. I was owed a substantial refund. It has caused me significant financial burden and also caused mental burden that I have documented as well. I am wondering if I can sue? I have lost wages as a direct result of this issue because of not receiving the refund it has caused me to lose out on financial opportunities as well. My time cannot be replaced; I am beyond frustrated at this situation.

Asked on May 25, 2016 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the HR employee and the employer IF the employee was unreasonably careless, or negligent, in giving away the information (or if she did it deliberately; i.e. if she was a knowing accomplice); however, if she was reasonably careful and did nothing wrong, and the scammer did such a good job of posing at the president that the average reasonable person would have been taken in, she and the company would not be liable. Liability for an act like this depends on fault; the HR person must have been at fault in some way, and not taken in by an almost indetectible scam, for there to be liability.
If there is liability, you can sue for any monetary losses but not for your time (there is no recovery for the time you spend dealing with problems like this) or the "mental burden," no matter how documented. In cases like this, only actual costs/financial losses can be recovered.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption