Can someone sue you for identity theft/fraud because you filled out a job application?
Here are the details:
My husbands kids agreed that they would do a summer job they had done two years ago if they couldn’t find another one before summer. I filled out the applications online for the kids. There were no signature spaces on the form, no social security numbers on the form. Their mother called tonight and said she had filed 6 counts of felony fraud and identity theft against me because I put her name on the job application and filled them out for the kids. The only line with her name on it was the one asking the name of legal guardian and I put my husband’s name and her name in the same space – it was not a signature space.
Can she really have these charges filed or is she just being malacious? Don’t fraud charges need to be brought against me through the Prosecutor’s office?
I am calling an attorney tomorrow but I thought I would see if I could get some feedback tonight – maybe direction to legal code that I could read up on this.
Thank you!
The kids are 16 and 17. They talked with their dad and agreed that if they couldn’t find a different summer job, they would do the corps job again. To get the session they want you have to file early.
My husband and I have been together for over 11 years. So, it is not a new relationship.
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How old are the children? Did they approve of you doing it? I don’t think she has a snowballs chance in H— of doing anything. She sounds like she just wants to cause problems and doesn’t want you a part of her children’s lives. I wouldn’t sweat it if I was you but do check things out with an attorney.
If you were acting at the behest of the children and they were aware you were filling out the form for them, then the mother has no case. Since you did not sign her name to anything, there is no fraud or identity theft.
Even if the children were not aware that you entered the mother’s name into the form, you would probably still not be liable for fraud, and certainly not identity theft.
Fraud requires an intent to gain by purposely giving false information. There’s a better definition, but I don’t have a law dictionary here.
And Identity theft requires the intent to use the identity of another to receive some type of gain to which you are not entitled otherwise.
The code may differ some from state to state, but any law library will have your state’s statutes available, and the librarian will certainly be able to direct you to the pertinent statutes. And I believe all state statutes are now available through Westlaw online (Westlaw is not free, but some libraries maintain a subscription to Westlaw)
She might be able to get you fo fraud, but not identity theft.