Wendy's lost my identity. Can I sue?

-
/6 Matt

/6 Matt

30 Degrees Crooked
Joined
Jan 19, 2010
Messages
2,512
Reaction score
235
Location
Lincolnton, NC
I got a job working at Wendy's back in August as some of you know and well, here's the long story short. Twice now corporate office has lost the copy of my social security card and driver's liscence that my manager faxed AND mailed to corporate office when I was hired. I have at least three witnesses that can attest to the two submissions of this information. Last night I was informed that they had lost it again, the second time and that by tommorrow, if corporate office doesn't recieve the appropriate copies, I will be terminated. So after my shift I went home to get my card and bring it back so the manager could fax the copy but unfortunately, the last time I had to copy my card it never made it back to its designated place and I can't find it anywhere. Now thanks to Wendy's there are two copies of my driver's liscence and my social security card floating around god knows where for god knows who to get there hands on and on top of that now my card is too. I tried to go today to the SS office to get a new card but the office closed at 3:30 (WTF?). So pretty much I loose my job tommorrow, the one I searched 18 months for, and my identity is comprimised. Does anybody here see the potential for a lawsuit? If nothing else, I know I have them for wrongful termination and reckless endangerment of employee information (Identity theft basically). Wendy's has a lot of lawyers and I'm ready to burn the motherf%c#e@s. Question is, will they burn me?
 
Sounds like you have a very solid case, and I would tell management that, not your supervisor but the highest one you can find a phone number for, like a regional manager and then tell the local newspaper about a public interest story they might be interested in. In these days, corp's like a fuzzy story to get back in touch with the people, and todays media loves a story that burns corporate America. That is whack!
 
First off, I'm not a lawyer, but what so far are your damages? You have not been terminated as of yet. You did not mention that anyone has used your identity to make any purchases as of yet. I would say you have nothing to sue for as of yet. If you are terminated tomorrow, that may be a different case.
 
Brad4406 said:
First off, I'm not a lawyer, but what so far are your damages? You have not been terminated as of yet. You did not mention that anyone has used your identity to make any purchases as of yet. I would say you have nothing to sue for as of yet. If you are terminated tomorrow, that may be a different case.
Click to expand...
Nobody has used my identity yet and I will be terminated tommorrow. Point is they're loosing the most important information I have to my bein and it's floating around out there. It's no different than if they took the number and posted it on FaceBook.
 
Motopsycho said:
but u have such good bacon
Click to expand...
Depending on who makes it. Some people will try and sell you charcoal because they don't know how to put four pans in an oven, press a button and most importantly take it out when the alarm goes off.

But more importantly back to my major question. I'm getting off topic. Is it even worth talking to a lawyer?
 
Not until you have been harmed, ie, fired. Then the case begins, it will take years.
 
They have a lot better lawyers than you. I think youd be wasting your time.
 
/6 Matt said:
Nobody has used my identity yet and I will be terminated tommorrow. Point is they're loosing the most important information I have to my bein and it's floating around out there. It's no different than if they took the number and posted it on FaceBook.
Click to expand...

Unfortunately, it is different than if they posted it on FaceBook. Posting it would show a possible intention on their part of presenting your information to others to perpetrate a crime. So far, you cannot prove any damages because you have not lost anything.

Numerous companies have lost their clients information over the last few years. The only thing they have provided their customers is a one year access to companies that monitor your identitiy.

Either way, I hope it all works out for you.
 
I would say that if they don't have the info and you have been there since August you would have at least a claim. If it was in the first few weeks that might be a different story.

Bare in mind being right doesn't mean you will win....but like in poker you also don't have to have the best hand to win! My strategy would be if they even bring up the termination would be to say that you will be seeking advice from a labour lawyer. I don't think you have any claim yet for the loss of your identity or information (keep in mind these "witnesses" also want to stay employed!). I also think your best action is to avoid the termination rather than suing afterwards....this is where you basically ask for more time (in writing) and explain your situation (also in writing) indicating that it has been provided twice and all you are asking for is time to replace it....

Dennis
 
500stroker said:
They have a lot better lawyers than you. I think youd be wasting your time.
Click to expand...

wrjjol.jpg
 
Let me get this straight:-k they have a bunch of Lawyers and you are about to be unemployed, with probably nothing to your name & you want to sue them??:scratch: Let me know how that turns out......As to your SS there only certain circumstances when a new # will be issued to you & I do not think your employer "losing" a copy of your ss card is one of them....Might want to read towards the bottom of here
 
They have unlimited resources as to their lawyers and they would most likely tear you up if it ever made it to court.
 
kind of off topic but, BE GLAD you wont be working for that lame *** wanna be super daves deluxe EMU burger with MMMMM bacon... every single (no pun intended lol) time me and the misses go through the drivethru they jack up our order. this time they REALLY pissed the woman off and she got out of the car.RAN inside, and cussed out the manager until they gave her ALL the money back for a missing chicken sandwich. i must say ,it was very entertaining.any way, sorry dude but, i dont think you got a case until someone uses your info and you can prove that wendys leaked the info
 
let's see Wendy's lawyers - on a retainer
yours - on a shoe string
Wendy's - then maybe 7-800 per hour
yours - still on a shoe string

Now, it can be done, but at what cost?? I learned early, pay the 700.00 per hour. no one bothers me anymore!

but good luck!
 
if you get the reputation as one that files lawsuits it will follow you and make it lots harder to find employment. I would think long and hard before I did that since what little you may get if anything won't buy you groceries for the rest of your working life. Just my thoughts on what would be best in long run. Joe
 
Yes by all means just sweep it under the rug thats what corp America wants.If you are teminated i would try to get some legal advice.
As for your idenity you'll have to wait and see if someone tries to use it.
What ever you decide good luck to you.
 
The biggest issue here is that Wendy's has been taking with holdings out of your check. They obviously had something to be able to take with holdings and if they have failed to turn the money in to the government since August they will have a problem with the government.
 
reading this I got hungry for a bacon cheeseburger
 
I would say if they terminate you, this would be illegal to terminate because your supervisor or USPS lost it. This is not your fault. Good luck with your situation.


Den's Dart said:
I would say that if they don't have the info and you have been there since August you would have at least a claim. If it was in the first few weeks that might be a different story.

Bare in mind being right doesn't mean you will win....but like in poker you also don't have to have the best hand to win! My strategy would be if they even bring up the termination would be to say that you will be seeking advice from a labour lawyer. I don't think you have any claim yet for the loss of your identity or information (keep in mind these "witnesses" also want to stay employed!). I also think your best action is to avoid the termination rather than suing afterwards....this is where you basically ask for more time (in writing) and explain your situation (also in writing) indicating that it has been provided twice and all you are asking for is time to replace it....

Dennis
Click to expand...
 
You must log in or register to reply here.
-

Back
Top