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What Happens When Employers Mismanage Employment Records

What Happens When Employers Mismanage Employment Records

When you’re an employee, you expect a reasonable amount of privacy at work, especially when it comes to your records. This is because you hand over your Social Security card and other sensitive information to your employer. Sometimes, employers make mistakes and mismanage records. If this happened to you, you’re probably thinking: What happens when employers mismanage employment records?

The Law Offices of Robin D. Perry & Associates provide vigorous representation to clients and are a goal-oriented and values-driven firm. We develop creative strategies to win every case, every time and are confident we can help you with your privacy violation and consumer rights case. Reach out to us today to schedule a consultation.

Managing Employment Records

Employers will keep a variety of documents on employees on file while the employee is still working at the company and perhaps for years after the employment ends as well. These documents could include:

  • A copy of your Social Security card
  • A background check
  • A credit report
  • Copies of your forms of identification, like your driver’s license
  • Medical records
  • Payroll records
  • FMLA leave requests
  • Accident and injury records

These days, many employers will store this information in their HR vendor provider software and/or in the cloud. While not having physical copies of your information could protect it from people stealing these documents from the office, uploading them online makes them susceptible to hackers and data breaches.

Because of this, employers must take a number of steps to protect employee information, such as:

  • Generating strong passwords and using two-step verification for files
  • Not sharing passwords with too many employees
  • Installing virus blockers
  • Training employees on proper practices
  • Not clicking on spammy emails and attachments
  • Following recordkeeping laws
  • Being in compliance with state data privacy laws
  • Maintaining and monitoring an access log
  • Keeping wifi password-protected
  • Properly disposing records

Your employer may not have done this. Instead, they mismanaged your records, which proved to be detrimental to your privacy and caused issues for you.

What Can Happen If Your Records Are Exposed

If your employee records are exposed, the number one think you’ll need to worry about is identity theft. Someone could steal your Social Security information, open up credit cards and loans in your name, and ruin your credit, along with creating many other problems for you. This is a huge pain to deal with and will take up tons of your time and energy. Not to mention, it will be emotionally draining.

Thieves could also take money out of your bank account, make charges on your credit or debit card, get medical treatment by utilizing your health insurance, steal from your investment accounts, withdraw your retirement funds, and file a tax return as you and then claim the refund.

Your HR department at work should give you information on how to protect your data, like using strong passwords and not leaving your passwords out in the open for anyone to see. Additionally, if you’re working out of the office, you should avoid using public wifi, as someone can log on and steal your information from there if they are savvy.

Unfortunately, the world is full of unscrupulous people who try to take advantage of others by stealing their sensitive information, but at least you can protect yourself – and your employee can protect you, too.    

Taking Action Against Your Employer

Let’s say your employer mishandled your sensitive records, and now you’re scared that something could happen. Perhaps something already did happen. You may be able to sue your employer if you can prove that they were negligent when it came to managing your data. Additionally, if they didn’t take the proper steps after the security breach occurred, they could be held liable for that too. For instance, they should notify you immediately if your information is stolen. If they do not, they could face a number of consequences.

If your information was stolen, you may be eligible for compensation for damages like:

  • The cost for credit monitoring and repair
  • The cost to replace your credit and debit cards
  • The cost to change your information that was stolen
  • Emotional damage, like invasion of privacy and emotional distress

There could be other damages as well. After some sort of data breach, you do have the power to try and protect yourself from it happening again. You could:

  • Change your passwords
  • Cancel your credit cards
  • Alert your banks and credit card issuers
  • Report fraud to the credit reporting agencies
  • Change your bank account numbers

What you should do is contact a privacy violation and consumer rights lawyer who can take on your case. They will help you collect evidence and attempt to prove negligence, if it did exist in your case. Then, you can get the compensation you deserve and get your life back on track.

If you’re worried about your employer getting upset with you for taking legal action against them, address this with your lawyer. It is illegal to fire you as a means of retaliation. If they do, then they could get into deeper trouble.

Finding the Right Lawyer

When searching for a privacy violation and consumer rights lawyer, look for one who has experience with employee record mismanagement cases. They should also have the excellent case results to back up their work.

Though you are understandably stressed out and frustrated with your employer, your lawyer will support you. They will also focus on your case so you don’t have to. You can have the time, energy, and space to try to resolve issues caused by this mishap and get your life back on track. You’ll be able to gain some peace of mind during this tumultuous time with the right representation on your side.

Contact Robin D. Perry & Associates

If you need help with your record mismanagement case, then it’s time to get in touch with the Law Offices of Robin D. Perry & Associates today. No matter what, we will fight on your behalf during your time of need. Call us at 562-216-2944 or contact us on our website for a free consultation.

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