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How Payroll Fraud Happens—And How to Prevent It

Payroll fraud isn’t just a corporate buzzword. It’s a very real, very costly problem affecting businesses of all sizes. In fact, studies show that payroll fraud occurs in roughly 27% of all businesses, with small to mid-sized companies hit the hardest. And the kicker? These schemes often go undetected for more than two years.

But here’s the good news: payroll fraud is preventable.

This guide breaks down how payroll fraud happens, what red flags to watch for, and how U.S. businesses can protect themselves with the right tools, internal controls, and trusted partners like a Professional Employer Organization (PEO).

How Payroll Fraud Happens—And How to Prevent It

What Is Payroll Fraud (And Why It’s a Bigger Problem Than You Think)

Payroll fraud is any scheme where someone intentionally manipulates a company’s payroll system for personal gain. While that may sound like something only large corporations deal with, the reality is quite the opposite.

Small businesses are more vulnerable because they often lack the proper internal checks and balances. One person might be handling payroll, bookkeeping, and employee onboarding—creating the perfect storm for mistakes or manipulation.

Common payroll fraud examples include:

  • Fake employees receiving paychecks

  • Real employees inflating hours or pay rates

  • Misclassification of contractors to avoid taxes

Understanding how these schemes work is the first step to stopping them.

10 Types of Payroll Fraud You Should Be Aware Of

Payroll fraud can take many forms. Here are the most common types, how they operate, and why they often go unnoticed:

1. Ghost Employees

A ghost employee is someone who doesn’t actually work for the company but still collects a paycheck. This scheme is often carried out by someone in HR or payroll who creates fake employee records.

2. Buddy Punching

When employees clock in for coworkers who are running late or absent, it’s called buddy punching. Manual or outdated time-tracking systems are especially vulnerable.

3. Inflated Overtime Claims

Employees may log overtime hours they didn’t actually work, especially if managers don’t closely review timesheets.

4. Employee Misclassification

Classifying full-time workers as independent contractors to reduce tax liability is not only unethical but illegal under IRS guidelines.

5. Expense Reimbursement Fraud

This occurs when employees submit fake or inflated expenses for reimbursement—like a personal meal labeled as a business lunch.

6. Unauthorized Pay Rate Changes

Payroll staff or managers might alter pay rates without approval, often benefiting themselves or others.

7. Commission and Bonus Manipulation

Sales or performance metrics can be falsified to inflate bonuses or commissions.

8. Duplicate Payments or Advance Abuse

Sometimes employees request advances and never repay them, or they get paid twice due to system errors they don’t report.

9. PTO or Sick Leave Fraud

Employees may report fake sick days to preserve vacation time or stretch long weekends.

10. Payroll Diversion Scams

Hackers or malicious insiders change direct deposit details so paychecks go into their accounts.

Red Flags That May Signal Payroll Fraud

Most payroll fraud goes unnoticed because the signs are subtle. Here are key indicators:

  • Employees receiving paychecks without a clear role or supervisor

  • Unusual spikes in overtime or bonuses

  • Multiple employees with the same bank account number

  • Discrepancies between timesheets and actual hours worked

  • Payroll changes not tied to performance reviews or approvals

Resistance to audits or questions about payroll data

How a PEO Can Protect Your Payroll From Fraud

Outsourcing payroll to a reputable PEO like Congruity HR adds a layer of protection that most small businesses simply can’t build in-house.

Benefits of using a PEO:

  • Built-in fraud detection protocols

  • Secure technology platforms with access controls and audit logs

  • Payroll compliance expertise across federal and multi-state laws

  • HR and payroll specialists that reduce your internal workload

Why it matters: PEOs reduce risk, streamline payroll, and help ensure your workforce gets paid correctly—on time, every time.

 

Can We Take Legal Action Against Employees for Payroll Fraud?

Yes, employers can sue employees if they commit payroll fraud.

  • The punishment depends on how much money was stolen and the laws in that state.

  • The more money stolen, the more serious the punishment.

  • Employers can file a lawsuit to get the stolen money back and ask for legal penalties.

  • It’s important to talk to a local lawyer to understand the exact steps based on your state’s laws.

  • Employees also have rights — they can sue if an employer illegally withholds their pay.

  • You must act fast:

    • 2 years to report unintentional wage theft.

    • 3 years to report intentional wage theft.

FAQs

What are the most common payroll fraud schemes?

Ghost employees, buddy punching, and employee misclassification are among the most frequent.

Is payroll fraud a criminal offense?

Yes. Payroll fraud can result in criminal charges, including theft, wire fraud, and tax evasion.

How do I investigate suspected payroll fraud?

Start with a confidential audit. Isolate the payroll data, check approvals, and involve HR/legal early.

Can payroll software detect fraud automatically?

Good software can flag anomalies, but human oversight is essential for context and judgment.

How do PEOs help with payroll fraud prevention?

They use secure systems, follow strict controls, and bring in compliance professionals to manage payroll properly.

Payroll fraud is preventable—if you know what to look for and put the right systems in place. From tightening internal controls to working with trusted PEO partners, the key is to stay proactive.

If you’re concerned about payroll risk, Congruity HR can help you take control. Our secure, compliant payroll services are designed to protect your business and your team.