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I was informed today that a past employer from over a decade…

Customer Question
I was informed today...

I was informed today that a past employer from over a decade ago still had all of my personal information and then a hard drive with that info was stolen. Is it legal for them to keep my information for 16 years?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yes, they have filed a police report and are offering one year of credit monitoring.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Um... it was cheddars. The really crappy "home cooked" restaurant?

Submitted: 9 months ago.Category: Legal
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Answered in 1 minute by:
10/18/2017
Lawyer: Attorney2, Attorney replied 9 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,927
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Customer reply replied 9 months ago
is it legal?
Lawyer: Attorney2, Attorney replied 9 months ago

Your information can be maintained for any period of time if there is no company policy to delete this information. That being said you may have an negligence action against the restaurant.

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Lawyer: Attorney2, Attorney replied 9 months ago

There need to be strict procedures for record retention. In fact an employer can be in legal jeopardy for destroying employee records. There must be an HR policy setting out records retention and it must be followed. https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/recordsandreportingrequirements.aspx

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Lawyer: Attorney2, Attorney replied 9 months ago
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Lawyer: Attorney2, Attorney replied 9 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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