Identity Theft Litigation
Fair Credit Reporting Act Claims
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Most people picture identity theft as a stolen credit card or a hacked bank account. Employment identity theft looks nothing like that, and it can be far harder to detect. It happens when someone uses your Social Security number, name, or other personal information to get a job, often because they cannot pass a background check, lack work authorization, or are trying to avoid wage garnishment or child support obligations.
You may not find out until a letter arrives from the IRS about wages you never earned, or your Social Security earnings record shows an employer you have never heard of.
At Sharmin & Sharmin, P.A., our Texas identity theft attorneys represent Texas victims of employment identity theft who are dealing with the fallout of phantom tax liability, damaged credit, and government agencies that are slow to fix records that were never accurate to begin with.
With over 20 years of experience litigating under the Fair Credit Reporting Act, we know how to trace the damage to its source and hold the responsible parties accountable. We handle every case on a contingency fee basis, so you owe nothing unless we win.
Call 1-844-SHARMIN or visit our contact page to schedule a free consultation.
Employment identity theft occurs when someone else uses your identifying information to obtain a job or establish work eligibility under your name. Unlike financial identity theft, there is often no new credit card or loan to spot on a credit report.
Instead, the first sign is usually a mismatch between what you actually earned and what has been reported to the government in your name.
Potential warning signs of Texas employment identity theft include:
Employment identity theft typically starts with a stolen Social Security number. In most cases, that is all the thief needs to fill out employment paperwork in your name. Other personal details that are frequently used alongside the SSN include:
Once the thief has enough information to pass a basic employment screening, they can begin working under your identity while all wages and tax obligations are reported to the IRS under your SSN.
Employment identity theft often goes undetected until it triggers a problem with your taxes or government benefits. Warning signs to watch for include:
It is worth investigating immediately if any of these situations come up. The longer employment identity theft goes unaddressed, the more complicated it becomes to resolve.
The process is straightforward. The thief provides your Social Security number and personal details on their hiring paperwork. The employer then reports all wages earned to the IRS under your SSN. In many cases, the employer has no idea the worker’s identity is stolen because the documents appear legitimate on their face.
This is most common in industries that rely on high-turnover labor and may not conduct thorough verification. The victim usually finds out only when the IRS flags unreported income or a discrepancy surfaces on their tax return.
Employment identity theft can go undiscovered for months or years, and often surfaces only when the IRS or Social Security Administration flags a discrepancy. By then, the consequences can already be compounding.
The IRS may treat wages earned by the identity thief as your unreported income. You could be responsible for back taxes and penalties for money you never received. The Social Security Administration’s record of your earnings can become permanently distorted, which can eventually affect the retirement or disability benefits you are entitled to.
If the fraud also touches your credit, through resulting debt, collection accounts, or fraudulent applications, and the credit bureaus fail to investigate your dispute properly, you may have a claim under the FCRA.
Texas victims applying for jobs, housing, or loans can find themselves fighting a financial and legal identity that was never theirs.
Yes, and the impact can be significant. When someone works under your SSN, their wages are reported to the IRS as your income. That can result in:
These issues can take months to resolve if they are not addressed early with the proper documentation.
Once you realize someone has been working under your identity, taking action quickly can help limit the damage. Important first steps include:
From here, reach out to our attorneys for a free consultation. We can advise you on how best to proceed at that time.
Several agencies play a role in addressing employment identity theft, and you may need to contact more than one depending on your situation:
Each agency handles a different piece of the problem, so having documentation from one can help move things along with the others.
The more robust your documentation, the easier it will be to resolve disputes with the IRS and other agencies. Key evidence to preserve includes:
Keep copies of everything in a secure location. This documentation forms the backbone of any legal claim and will be needed throughout the resolution process.
Untangling employment identity theft means dealing with multiple agencies at once, including the IRS, the Social Security Administration, the Texas Workforce Commission, and the credit bureaus.
Each of these agencies has its own timeline and procedures for handling your claim. Most consumers have neither the time nor the leverage to get these institutions to move quickly.
When the credit bureaus or furnishers involved fail to correct inaccurate information after a proper dispute, that failure can become the basis for a federal lawsuit under the FCRA.
Our attorneys know how to build that case, gather the necessary records, and pursue real damages in court when the responsible parties won’t fix the problem on their own.
If you’ve received an unexpected IRS notice, discovered unfamiliar wages on your Social Security earnings record, or found your credit damaged by someone else’s employment fraud, you don’t have to sort it out alone.
The Texas consumer protection attorneys at Sharmin & Sharmin, P.A. will review your situation at no charge, explain your rights under the FCRA, and give you an honest assessment of whether you have a case worth pursuing. No office visit required. We respond within 24 hours.
Call 1-844-SHARMIN or contact us online. There are no attorney fees unless we win.
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