inigo88
Composite-lover
If this thread stays up long enough, I figured I'd post the actual state laws related to Fraud straight from the California Penal Code (kind of like posting the actual FAR instead of speculating). Emphasis added by me.
The language of this one is geared more towards identity theft, but may still be applicable:
I don't know the civil employment law, but this is California state criminal law, with potential for criminal consequences (like jail time). Our law enforcement related members may be able to give better context on relevant case law, how these things usually go, and how much any paperwork you may have signed when taking the job may have absolveed the company from criminal wrongdoing. But you definitely have enough to contact local law enforcement and get the ball rolling on a police report and a case number! In addition, please follow @A Life Aloft 's advice and contact all three credit reporting agencies (Equifax, Experian and Trans Union) in addition to the creditor of the card to report the fraud case, and contest each charge (line by line) that was made without your knowledge or permission.
They crossed the line, and this is essentially identity theft.
532. (a) Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.
(b) Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any labor, money, or property, whether real or personal, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. This section does not apply to a prosecution for falsely representing or personating another, and, in that assumed character, marrying, or receiving any money or property.
The language of this one is geared more towards identity theft, but may still be applicable:
530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
530.6. (a) A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another, as described in subdivision (a) of Section 530.5, may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over his or her actual residence or place of business, which shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts. If the suspected crime was committed in a different jurisdiction, the local law enforcement agency may refer the matter to the law enforcement agency where the suspected crime was committed for further investigation of the facts.
I don't know the civil employment law, but this is California state criminal law, with potential for criminal consequences (like jail time). Our law enforcement related members may be able to give better context on relevant case law, how these things usually go, and how much any paperwork you may have signed when taking the job may have absolveed the company from criminal wrongdoing. But you definitely have enough to contact local law enforcement and get the ball rolling on a police report and a case number! In addition, please follow @A Life Aloft 's advice and contact all three credit reporting agencies (Equifax, Experian and Trans Union) in addition to the creditor of the card to report the fraud case, and contest each charge (line by line) that was made without your knowledge or permission.
They crossed the line, and this is essentially identity theft.