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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10242
Experience:  Just Answer consultant at Self employed
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I was the victim of identity theft and recently found out

Customer Question

I was the victim of identity theft and recently found out the person that was doing the theft was an employee at an area hospital where she got personal information, social security numbers and such. She got a good dozen people that I know of in our community. I have been told I should get an attorney and press charges against the hospital for not protecting our information better.
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: Yes, I filed a report in March and have been talking with detective, but recently found out from another victim who also filed report that person in question was fired because of info found on the computer she used at work
JA: Anything else you want the lawyer to know before I connect you?
Customer: I work for the hospital that I would be filing a complaint against and would worry my job may be in jeopardy
Submitted: 10 months ago.
Category: Legal
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

I am sorry to hear this; identity theft can be an incredible hassle to deal with. It is true that a company can be liable if they fail to implement and maintain "reasonable procedures" to protect against the unauthorized access to or disclosure of personal information of their customers. The judge/jury will need to decide if the procedure utilized was reasonable. The attorney will be able to advise, after conducting discovery and determining precautions taken, whether it will likely be deemed reasonable.

Employment is generally at will, meaning any party can terminate the relationship for no reason, so long as it is not unlawful. Retaliatory discharge is actually a violation of public policy and an employer can face liability for engaging in retaliatory discharge.

Damages typically include actual damages (ie attorney fees, credit monitoring fees) and punitive damages if the action was so egregious/wanton/negligent that there is a public policy interest in deferring such conduct in the future from either the defendant or the public at large.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!