Legal Question in Employment Law in Virginia
Employer loses Personally Identifiable Info (PII)
My wife just informed me that her employer just told her she had to resubmit all her hiring paperwork because they lost it.
The lost paperwork contains her SSN, DoB, etc. All personally identifiable info (PII) that could be used to steal her identify.
Is there something we can do? Isn't the employer liable? Don't they have responsibility to secure this info. When she wrote a letter to tell them to ''re-double'' their efforts to find this info. They basically said, well you have to fill in out because we need it in your file for you to work here.
1 Answer from Attorneys
Re: Employer loses Personally Identifiable Info (PII)
Until such a so-called identity theft occurs to your wife's detriment, meaning that she incurs actual and provable damages from the theft, she has no actionable case against her employer.
The law operates not upon speculative but actual and provable facts.
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