Can I sue a company that hired someone with my social security?
Friday, January 29th, 2010 at
5:02 am
As a victim of a fraud someone apply for a job in a compagny that hired him with my own name and social security number.Can I sue the compagny for that.If yes can someone indicate me a lawyer that can see about it.
Thank
Tagged with: fraud • job • lawyer • social security • social security number
Filed under: Legal Protection
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No. You can only sue the person that victimized you. The company didn’t harm you in anyway so you can’t sue them. They too were defrauded.
If they used a criminal background check company you could try to sue them – but again you really don’t have a case because they didn’t harm you either.
it is not the companies fault. the employee is the one that should be able to get in trouble
The only person you can fairly (and rightly so) sue, is the person who stole your identity.
No you cant, unless the company knew about it before they hired the man that stole your identity, if they didnt know you cant do nothing about it. But you can sue the man that took your identity, and get him into lots of trouble.
I doubt it…it seems to me the person who comitted the fraud would be the liable party, not the employer….
actually,
Under certain cercumstances you can,
because when hired for a job, they need a copy of social security
AND
your birth certificate,
and driver’s license, or identification card.
They check three form of ID to make sure the social securrity # is yours, and obviousely they didn’t.
They have this process to PREVENT fruad, thety didn’t check, so you got screwed, you have a case
So there are three forms of ID you need to present when applying upon hire, so the company SHOUKLD have known that that person wasn’t you by the fact they couldn’t provide the other two forms of id, so yes you can sue them. But you are going to have to look for a business lawyer, one who works for better business buroue(so?)
They should be alble to help you.
no you can’t do anything with the company but you need to contact social security and let them know that this happened.
I don’t know if you can sue the company if they did everything right. What I mean is…when they hired this person did they fill out the I9 form and get correct identification? An I9 form has to be filled out for every employee and it is very specific about which 2 forms of identification are acceptable. If they got a copy of a driver’s license and a social security card with your name on them, then they did all that was required and I don’t think they can be held liable. How you would go about getting these records from the company I have no idea. Good luck.
They would have to I-9 him and you need more than a social security number for that.. Either he/she had a number of fake documents, or that company knew what was going on. I would check with a lawyer either way. The employee is most certainly in trouble for fake documentation, the company may have been aiding the fraud, and yes, it impacts your credit, your taxes, and you have a mess on your hands. If they knowingly did that, you probably have a case.
Oh, yeah, along with notifying Social Security, notify the credit bureaus too. The butthole may be opening lines of credit under your name while he is at it.
If someone used your name and social security number to get a job contact the police. They have broken the law, not the company. They had no idea they hired someone under false pretenses. They may also want to pursue legal matters toward this person. You have to be able to PROVE this person has stole your identity. I would see a lawyer.
No you cannot. You have now been a victim of identity theft. I am able to help you get a lawyer to speak to, so they can clear it up, and a way to protect your identity.
I want to say in California you might be able too, not sure. It’s really a gray area. Employers by law specifically ask for you to prove who you are by obtaining a copy of your drivers lic. AND social security card. They want both! If not using a social security card, the you are suppose to provide other kinds of proof, passport, birth certif.