If my employer used my name to collect a salary at another business without my permission, what canI do?

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If my employer used my name to collect a salary at another business without my permission, what canI do?

I am working for someone who has a side business. He used my name to get a salary from that business for himself without my knowledge.

Asked on January 24, 2011 under Employment Labor Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You employer is committing fraud on many levels here.  Is he using your social security number?  Then expect those wages to be reported as income to YOU to the IRS.  And if he does not report them then YOU will be getting on to deep trouble.  You need to go and seek help from an attorney in your are on this matter.  You need to discuss the fact that you are going to have to turn him in to the District Attorney's Office or your County Prosecutor's office on this matter and that you need to make sure that you are seen as cooperating fully rather than in on any scheme.  Good luck to you.  

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can do two things:

First, what he did was a form of theft--actually several forms of theft: identify theft against you, a form or theft by deception or fraud against the othe business, etc. You can, and *should* report this to the police and the other business. You both want to see justice done and you want to make it very clear to everyone that *you* were not involved and therefore bear no liability.

Second, if you have suffered any losses or costs--e.g. you are sued by the other business because they think you're invovlved and have to retain a lawyer to defend yourself--you can sue the one who took your name to recover compensation.


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