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Could I sue my employer ? Should I get a lawyer?
Anonymous2 views2 answers
I work at Dunkin donuts and I was just told by my manager that they lost my personal file which includes my social security, photo id, etc.. I am a minor , 17 years old and I am afraid that the file has gotten into the wrong hands and might affect my personal identity. I worked at 2 different dunkin donuts both through the same company. I thought since I transferred, they lost it during the transfer or maybe since my old manager didn't like me he disposed it...my reason for transfer is because my old manager hit me across the back with his key chain and left a mark. I'm thinking he may have something to do with this. I just recently found out about this . They been afraid to tell me because they know this is serious and I'm sure they don't want me to get a lawyer involve
At this point the most important thing you want to do is protect yourself from an identity thief, so contact the three major credit reporting agencies and place a fraud alert on your credit report. This is a free service offered by Experian, Trans-union and Equifax. Keep in mind, I do not recommend that you buy their "security lock" or "lifelock" products which are just overpriced ways to charge consumers. The fraud alert is good for 90 days and can be extended if necessary. It will automatically notify you if there is any activity on your credit report such as someone applying for a credit card in your name.
As to your employer and their loss of this file, at this point you don't have any damages to speak of, so I do not think you have any viable lawsuit. Yes, they lost your personnel file---but so far that has not resulted in any damage to you. By they way, under New York law, a personnel file is the property of the employer's--it is not your property, despite the fact that it includes information about you.
Now as to the issue of a manager hitting you with a key chain--simply put this is an assault (even if it was your boss) and you should discuss this with an attorney. It is unclear when this occurred but you want to determine what your legal options are sooner rather than later.
Good luck,
