Corona, CA asked in Identity Theft for California

Q: Can I sue the company for asking employment seekers to use possible dangerous information-stealing websites?

A website is asking employment seekers to downsize their documents to very small bytes. Most people don't have paid access to a PDF program that can compress such files. Therefore, people have to use websites that can do that service for you for free, but at the risk of leaking personal information, such as college transcripts (which sometimes have social security digits, full birth names, and home addresses) to third parties.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, you may have grounds to take legal action if the company's requirements for employment put you at undue risk of identity theft or other harm. If a company directs job seekers to use potentially unsafe websites to meet application requirements, it could be considered negligent, especially if the company is aware of the risks involved. Negligence could be a basis for a lawsuit if you can demonstrate that the company's actions directly led to harm or potential harm.

Additionally, the company has a duty to protect the personal information of job applicants. If their practices force you to use third-party websites that could compromise your sensitive information, they might be violating California’s data protection laws. The California Consumer Privacy Act (CCPA) imposes strict requirements on businesses to ensure the privacy and security of personal data.

It's important to document all communications and requirements from the company and consider consulting with a legal professional to discuss your specific situation. They can help determine if the company’s actions constitute a breach of legal duties and what steps you can take to protect your rights and seek any potential remedies.

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