Legal Question in Criminal Law in New York

A former employer recently send me a letter (dated: March 22, 1010) informing me some limited payroll information from 2006 was recently stolen. The letter states my name was in a file.

The company is now offering me a free one year subscription to a credit monitoring and identity theft protection service. (The letter continues to read like a marketing ploy incorporating a scare tactic.)

My Question: In 2006 I was still with working with this company and I wonder why I wasn't told then. Is this legal? Is this Identity Theft? Should file a police report stating Identity Theft? Who is accountable for this incident? Do I have a case?


Asked on 3/29/10, 2:45 pm

1 Answer from Attorneys
peter bark bark & karpf

Make sure the one year free subscription does not have an automatic renewal. It could be a scam to have you sign up for a service. If no one has used your identity you have no case. Your former employer is the victim. I don't believe there is any legal obligation to notify you but your former employer would be liable if you had a loss and timely notification could have prevented the loss.

Peter Bark

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Answered on 4/04/10, 2:14 pm


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