Employee accuses Wound Care Solutions of violating state's biometric privacy law

By Noddy A. Fernandez | Feb 14, 2019

CHICAGO — An employee has filed a class action lawsuit against a medical supply company, alleging they violated workers' rights under the Illinois Biometric Information Privacy Act by compelling employees to scan their fingerprints when clocking in and out of work shifts.

Eric Zepeda, individually and on behalf of a class of similarly situated individuals, filed a complaint on Feb. 6 in Cook County Circuit Court against Wound Care Solutions Inc. 

According to the complaint,  Zepeda worked for the defendant performing medical supply deliveries and associated services. Plaintiff claims defendant required him and the class of employees to have their hands scanned each time they clocked in or out of work. Plaintiff claims prior to scanning his biometrics, defendant did not inform him and others in writing that their biometrics were being collected, stored, used or disseminated, nor did defendant publish any policy specifically about how the biometric information would be destroyed.

As a result, plaintiff alleges he has experienced mental anguish, anxiety and other injury when he thinks about the status of his biometrics and who has, or could have, access to such private information. 

The plaintiff requests a trial by jury and seeks judgment for injunctive and equitable relief, award of statutory damage, attorneys' fees, costs, pre and post-judgment interest, and such further and other relief. Defendants could face damages of $1,000-$5,0000 per violation, considered by the law to be each time an employee used the biometric employee time clock. 

Plaintiffs are represented by Williamm Kingston and Jad Sheikali of McGuire Law in Chicago.

Cook County Circuit Court Case No. 19-CH-01612.

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