Former employer sent my W2 to a third party. What are my rights? [on hold]





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I received a letter today from my former employer. I haven't worked for them for more than 2 years. They discovered recently that an undisclosed number of W2s were sent to a third party. I'm being offered an identity theft plan.



Do I have any other rights or protections available to me?



The employer is located in California and I am located in Kentucky.










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put on hold as off-topic by Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy Nov 21 at 7:31


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy

If this question can be reworded to fit the rules in the help center, please edit the question.









  • 3




    Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
    – Jim G.
    Nov 20 at 18:15






  • 3




    Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
    – tmgr
    Nov 20 at 18:25






  • 5




    This question is really more about legal privacy rights, so I think it would be better suited over at Law.
    – David K
    Nov 20 at 18:29






  • 4




    I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
    – Time4Tea
    Nov 20 at 18:29






  • 3




    Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
    – Ertai87
    Nov 20 at 20:22



















up vote
13
down vote

favorite
1












I received a letter today from my former employer. I haven't worked for them for more than 2 years. They discovered recently that an undisclosed number of W2s were sent to a third party. I'm being offered an identity theft plan.



Do I have any other rights or protections available to me?



The employer is located in California and I am located in Kentucky.










share|improve this question















put on hold as off-topic by Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy Nov 21 at 7:31


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy

If this question can be reworded to fit the rules in the help center, please edit the question.









  • 3




    Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
    – Jim G.
    Nov 20 at 18:15






  • 3




    Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
    – tmgr
    Nov 20 at 18:25






  • 5




    This question is really more about legal privacy rights, so I think it would be better suited over at Law.
    – David K
    Nov 20 at 18:29






  • 4




    I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
    – Time4Tea
    Nov 20 at 18:29






  • 3




    Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
    – Ertai87
    Nov 20 at 20:22















up vote
13
down vote

favorite
1









up vote
13
down vote

favorite
1






1





I received a letter today from my former employer. I haven't worked for them for more than 2 years. They discovered recently that an undisclosed number of W2s were sent to a third party. I'm being offered an identity theft plan.



Do I have any other rights or protections available to me?



The employer is located in California and I am located in Kentucky.










share|improve this question















I received a letter today from my former employer. I haven't worked for them for more than 2 years. They discovered recently that an undisclosed number of W2s were sent to a third party. I'm being offered an identity theft plan.



Do I have any other rights or protections available to me?



The employer is located in California and I am located in Kentucky.







human-resources legal w2






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited Nov 20 at 18:21









IDrinkandIKnowThings

44k1598189




44k1598189










asked Nov 20 at 18:12









Freiheit

674322




674322




put on hold as off-topic by Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy Nov 21 at 7:31


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy

If this question can be reworded to fit the rules in the help center, please edit the question.




put on hold as off-topic by Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy Nov 21 at 7:31


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Ertai87, gnat, Dmitry Grigoryev, Michael Grubey, mandy

If this question can be reworded to fit the rules in the help center, please edit the question.








  • 3




    Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
    – Jim G.
    Nov 20 at 18:15






  • 3




    Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
    – tmgr
    Nov 20 at 18:25






  • 5




    This question is really more about legal privacy rights, so I think it would be better suited over at Law.
    – David K
    Nov 20 at 18:29






  • 4




    I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
    – Time4Tea
    Nov 20 at 18:29






  • 3




    Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
    – Ertai87
    Nov 20 at 20:22
















  • 3




    Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
    – Jim G.
    Nov 20 at 18:15






  • 3




    Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
    – tmgr
    Nov 20 at 18:25






  • 5




    This question is really more about legal privacy rights, so I think it would be better suited over at Law.
    – David K
    Nov 20 at 18:29






  • 4




    I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
    – Time4Tea
    Nov 20 at 18:29






  • 3




    Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
    – Ertai87
    Nov 20 at 20:22










3




3




Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
– Jim G.
Nov 20 at 18:15




Awesome question. Please let me know if this question gets closed. I will vote to reopen it immediately.
– Jim G.
Nov 20 at 18:15




3




3




Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
– tmgr
Nov 20 at 18:25




Seems like there's a case to answer in negligence (more or less, breach of a duty leading to harm). Until you at least have a better idea of what's actually happened and what damage you may have suffered, make sure you don't sign or accept anything that amounts to a settlement, waiving your right to sue... and that's probably how the identity theft plan offer is drafted.
– tmgr
Nov 20 at 18:25




5




5




This question is really more about legal privacy rights, so I think it would be better suited over at Law.
– David K
Nov 20 at 18:29




This question is really more about legal privacy rights, so I think it would be better suited over at Law.
– David K
Nov 20 at 18:29




4




4




I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
– Time4Tea
Nov 20 at 18:29




I agree, this seems more appropriate for Law SE, as it relates more to a legal issue than to 'the workplace'.
– Time4Tea
Nov 20 at 18:29




3




3




Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
– Ertai87
Nov 20 at 20:22






Vote to close, belongs on Law SE instead. That said, this is a good question and one that should be asked. But the people who answer here are not qualified to answer properly.
– Ertai87
Nov 20 at 20:22












2 Answers
2






active

oldest

votes

















up vote
10
down vote













Short answer: you need to talk to a lawyer.



This could be an important legal issue - both the contents of the identify theft plan and possible compensation for the data breach. You don't want to try to get an answer off Workplace stackexchange. You want to consult with someone who knows the law and can advise you on how you should handle the situation.






share|improve this answer





















  • I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
    – Freiheit
    Nov 20 at 18:57


















up vote
-3
down vote













From a layman view, I don't think you got much to go on. You need actual damages before you can get something done. Did someone take out a loan with this information? Is your info on the dark webs?



My advice is to get a credit monitoring service, maybe the one offered by your employer. Then monitor your credit report to see if anything is done. Generally speaking, by signing up for the credit monitoring service, you're granted some insurance in the event your info is used. I have Lifelock and they grant a 1 million dollar protection and coverage for lawyer costs to get the items removed from my history should something happen.






share|improve this answer




























    2 Answers
    2






    active

    oldest

    votes








    2 Answers
    2






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes








    up vote
    10
    down vote













    Short answer: you need to talk to a lawyer.



    This could be an important legal issue - both the contents of the identify theft plan and possible compensation for the data breach. You don't want to try to get an answer off Workplace stackexchange. You want to consult with someone who knows the law and can advise you on how you should handle the situation.






    share|improve this answer





















    • I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
      – Freiheit
      Nov 20 at 18:57















    up vote
    10
    down vote













    Short answer: you need to talk to a lawyer.



    This could be an important legal issue - both the contents of the identify theft plan and possible compensation for the data breach. You don't want to try to get an answer off Workplace stackexchange. You want to consult with someone who knows the law and can advise you on how you should handle the situation.






    share|improve this answer





















    • I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
      – Freiheit
      Nov 20 at 18:57













    up vote
    10
    down vote










    up vote
    10
    down vote









    Short answer: you need to talk to a lawyer.



    This could be an important legal issue - both the contents of the identify theft plan and possible compensation for the data breach. You don't want to try to get an answer off Workplace stackexchange. You want to consult with someone who knows the law and can advise you on how you should handle the situation.






    share|improve this answer












    Short answer: you need to talk to a lawyer.



    This could be an important legal issue - both the contents of the identify theft plan and possible compensation for the data breach. You don't want to try to get an answer off Workplace stackexchange. You want to consult with someone who knows the law and can advise you on how you should handle the situation.







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered Nov 20 at 18:29









    Kevin

    1,363312




    1,363312












    • I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
      – Freiheit
      Nov 20 at 18:57


















    • I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
      – Freiheit
      Nov 20 at 18:57
















    I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
    – Freiheit
    Nov 20 at 18:57




    I don't disagree. However before I invest the time and effort to get in touch with my attorney, who will then likely refer me to a more specialized attorney, reviewing past cases, IRS guidance, or even human resources guidance would be helpful. For example a clear listing of CA law that is an instant "do not pass go" circumstance would suggest a different strategy than say some specific protection for the employer.
    – Freiheit
    Nov 20 at 18:57












    up vote
    -3
    down vote













    From a layman view, I don't think you got much to go on. You need actual damages before you can get something done. Did someone take out a loan with this information? Is your info on the dark webs?



    My advice is to get a credit monitoring service, maybe the one offered by your employer. Then monitor your credit report to see if anything is done. Generally speaking, by signing up for the credit monitoring service, you're granted some insurance in the event your info is used. I have Lifelock and they grant a 1 million dollar protection and coverage for lawyer costs to get the items removed from my history should something happen.






    share|improve this answer

























      up vote
      -3
      down vote













      From a layman view, I don't think you got much to go on. You need actual damages before you can get something done. Did someone take out a loan with this information? Is your info on the dark webs?



      My advice is to get a credit monitoring service, maybe the one offered by your employer. Then monitor your credit report to see if anything is done. Generally speaking, by signing up for the credit monitoring service, you're granted some insurance in the event your info is used. I have Lifelock and they grant a 1 million dollar protection and coverage for lawyer costs to get the items removed from my history should something happen.






      share|improve this answer























        up vote
        -3
        down vote










        up vote
        -3
        down vote









        From a layman view, I don't think you got much to go on. You need actual damages before you can get something done. Did someone take out a loan with this information? Is your info on the dark webs?



        My advice is to get a credit monitoring service, maybe the one offered by your employer. Then monitor your credit report to see if anything is done. Generally speaking, by signing up for the credit monitoring service, you're granted some insurance in the event your info is used. I have Lifelock and they grant a 1 million dollar protection and coverage for lawyer costs to get the items removed from my history should something happen.






        share|improve this answer












        From a layman view, I don't think you got much to go on. You need actual damages before you can get something done. Did someone take out a loan with this information? Is your info on the dark webs?



        My advice is to get a credit monitoring service, maybe the one offered by your employer. Then monitor your credit report to see if anything is done. Generally speaking, by signing up for the credit monitoring service, you're granted some insurance in the event your info is used. I have Lifelock and they grant a 1 million dollar protection and coverage for lawyer costs to get the items removed from my history should something happen.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered Nov 20 at 20:30









        Dan

        6,25721323




        6,25721323















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