united-states contract-law
Remote US Contract Jobs under someone else&#39;s profile
<p>If a person outside the US impersonates someone in US (with their consent), uses their profile to interview and land a remote contract (1099) job what could be the legal repercussions in this case for the person whose profile is being used?</p>

<p>Such use of someone else's profile might well violate the TOS of the site being used (the question does not specify where the profile is from). That site mightr be able to sue for breach of contract, but it probably would not do so. For one thing, the possible damages would seem to be small.</p>
<p>If the profile is being used to falsely claim a US identity, or falsely claim the experience of the person whose name was used, the prospective employer might be able to sue or fraud, and include the person who lent his or her name as a co-defendant. But again, such an employer would be more likely to fire, or not hire, the impersonator than take legal action.</p>
<p>If the false name and US status were used to try to obtain a more favorable tax treatment, that might well constitute tax fraud. The person who allowed his or here name to be used might be an accomplice or conspirator.</p>
<p>I can't think of any other likely legal consequences.</p>

<blockquote>
<p>what could be the legal repercussions in this case for the person whose profile is being used?</p>
</blockquote>
<p>The person whose profile is being used becomes a party to the contract, thereby acquiring all contractual and statutory obligations that that entails. Other than that, the element of <em>consent</em> preempts all the ramifications that would ensue from an unauthorized use of other's name.</p>
<p>Your description is somewhat contradictory because [to] <a href="https://www.merriam-webster.com/dictionary/impersonate#legalDictionary" rel="nofollow noreferrer">impersonate</a> is defined as the <em>unauthorized</em> use of another's identity. Your mention that there was consent precludes a finding of impersonation.</p>
<p>Although the scenario you describe is not inherently unlawful, the terms of the contract and/or the nature of the profession could severely constrain the performance of the contract. For instance, suppose that person X authorizes person Y to use X's identity for what you describe. If the contract prohibits X to share access to the client's/employer's computer systems, allowing Y to access the system puts X in breach of contract.</p>
<p>Similarly, some professions entail licensing requirements and tasks that the hired party might not be allowed to delegate (in this case to person X).</p>
<p>I understand you are asking only about the legal repercussions for the person whose profile is being used. But it is important to bear in mind that this scenario might entitle the client/employer to void the contract on grounds of <em>mistake</em>, which the <a href="http://www.oneclubofjusticides.com/p/restatement-second-contracts.html" rel="nofollow noreferrer">Restatement (Second) of Contracts</a> at §151 defines as &quot;<em>a belief that is not in accord with the facts</em>&quot;. Two requirements for that [client's] entitlement are that (1) the belief be &quot;<em>as to a basic assumption on which [...] the contract [was made]</em>&quot;, and that (2) the mistake &quot;<em>ha[ve] a material effect on the agreed exchange of performances that is adverse to him</em>&quot;. See <em>Restatement</em> at §153. The details of the matter would determine whether that is the case.</p>

<blockquote>
<p>what could be the legal repercussions in this case for the person
whose profile is being used?</p>
</blockquote>
<ol>
<li><p>The person whose profile is being used will have federal, state and local income tax and federal self-employment tax liability for the earnings of the impersonator in connection with the contract (although the person whose profile is being used will also get credit in the Social Security system for those earnings).</p>
</li>
<li><p>The person whose profile is being used, if that person reports that income (e.g. by submitting tax returns) in support of a loan application, could be guilty of credit application fraud which could cause debts secured in part with this misrepresented income to be not possible to discharge in bankruptcy. This could also support a criminal fraud conviction.</p>
</li>
<li><p>The person whose profile is being used could face liability for conspiring to violate tax laws, immigration laws, and laws relating to international sanctions. This could result in punitive civil fines and/or criminal convictions.</p>
</li>
<li><p>The person whose profile is being used could face liability for conspiring to defraud someone from whom the true worker's income is concealed (e.g. a creditor of that person or someone divorcing or seeking child support from that person). This could be accompanied by punitive damages and/or a criminal conviction in addition to compensatory damage liability.</p>
</li>
<li><p>If the person whose profile is being used is not a U.S. citizen, the convictions described above could lead to revocation of their visa and deportation.</p>
</li>
<li><p>The company hiring the person, if they discovered the inaccurate profile, could terminate the contract based upon this fraud even if the termination of the contract would otherwise have been wrongful and given rise to a civil action against the hiring company for money damages.</p>
</li>
</ol>
