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Can I sue my employer for losing my private personal information?

Pacific Grove, CA |

My employer required a sf85p to be filled out as terms of employment, which includes, mothers maiden name, finger prints, 7 year history of employment, 7 year history of residence, s.s # , place of birth, yr of birth, 8 different persons that know you, 7 year of places traveled too, phone numbers and address of known persons, selective service number, financial history, any prior arrest or drug problems and other such private data. Do I have a case under the privacy of information act, for miss handling my information?

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Attorney answers 1


This depends on what happened to the information. Did the employer lose it, was it taken as a result of negligence by the employer, has the information fallen into the hands of those who are using it?

Unless there is a union, or a contract of employment, employees are all employed “at will”. This means that, without a union or a contract of employment, a worker can be terminated for any reason, or no reason, by an employer as long as they are not discriminating based on race, gender, national origin, religious beliefs or against another suspect classification, or unless the termination violates public policy. A public policy violation would include termination where the employee was voting or going for jury duty.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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