Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

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Attorneys Zuckerman Spaeder noted on JDSUPRA: “When employers are caught off guard, they can face not only the loss of their own assets, but also liability to their employees.

For example, in a recent case, Curry v. Schletter Inc., No. 1:17-cv-0001-MR-DLH (W.D.N.C. Mar. 26, 2018), a federal district court permitted employees to proceed with their claims that their employer violated various duties when it was victimized by a phishing scam. In Curry, the employer mistakenly sent the employees’ W-2 forms to an unauthorized third party who pretended to be an executive at the company.

The employer told its employees what had happened, and offered identity theft protection and credit monitoring in an effort to regain employee trust. But a number of the employees weren’t satisfied and sued the company.

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