What To Do If You Are Accused of Forging Documents in the Workplace

What Is Document Forgery?

Document falsification, also referred to as document forgery , is perhaps the most misunderstood employee charge. Indeed this is a common refrain in the legal malpractice world: do not write that letter or make that entry in the employee records without first getting legal approval and guidance. Accounting is another big area where falsifying financial documents can have major repercussions.
Document falsification is when someone deliberately misrepresents information either for malicious purposes or for personal gain or some other improper reason. In the employment context the two most common examples are falsifying an employee’s time sheet – usually to boost income by overtime and false working hours – and altering an employee’s educational or work background. The latter usually occurs prior to hiring as part of the application process.
In many cases these dishonest work habits are simply ignored until something happens and then the flood gates open. Employers are terrified of the liability and jumped up to blame someone. Of course the person who started it all is long gone and suddenly no one remembers that person.
For the falsely accused it remains a very perilous situation especially in jobs which have high earning potential. Employers are often quick to suspend an employee while the matter is investigated and become very protective of the company and very aggressive during the investigation. The accused individual is often in fear of their job and fighting hard against what they believe is an unfair accusation. A former prosecutor is an ideal investigator since they have an eye for detail and have solid training in interviewing and investigating.
If you are accused of document falsification or see it occurring get the advice of an experienced attorney early.

Legal Consequences for Forging Documents

The severity of the legal consequences for falsifying workplace documents varies depending on the types of documents or records you manipulate, your intentions in doing so and who suffers because of the falsification. The effects and perceived seriousness of the falsification may be totally different for your employer versus some outside entity such as your state licensing board or a criminal prosecutor. Following is an outline of the potential fines, penalties and sanctions that may follow a falsification of records allegation. The specific statute or rules applicable to your situation will dictate the precise consequences of your actions. Disciplinary Liability to Your Employer – If you are accused of falsifying any document that is required by your employer to be maintained pursuant to any statute or regulation or that you are otherwise required to present to your employer in your capacity as an employee and your employer claims to be damaged as a result by some loss of business, you may be subject to dismissal from your place of employment and you will be subject to disciplinary measures by your employer such as suspension, demotion or other sanctions, including loss of seniority and benefits and pay increases. Your employer may even attempt to recover its alleged damages through a civil suit filed against you in court. Criminal Liability to Outside Entities – If your alleged falsification of documents and records is seen to have perpetrated a fraud in a business transaction to the detriment of an outside party such as a bank or other lender or the public, you may be charged with criminal conduct like fraud, larceny, receiving stolen property, forgery, falsifying records or another similar criminal charge. If convicted or a felony fraud, you may lose your job and be sentenced to a term of imprisonment and significant fines. If you lose your employment and this is your first offense, you probably will have difficulty finding another job and any unemployment benefits for which you may be eligible does not include compensation for any loss of reputation.

What To Do if You Are Accused

If your employer or a third party accuses you of falsifying company documents, such as time sheets, expense reports, forms, invoices or anything else, it is not a situation you can afford to ignore. You should act immediately to gather evidence in bringing a wrongful accusation against you to light. Take the necessary steps to show you are innocent and that this claim is a fabrication. This also allows you to prepare yourself legally for the accusation, should your employer attempt to take action against you.
The first step you should take if your employer accuses you of falsifying a document is to inquire about company policy regarding the issue. Having a clear understanding of your employer’s policies and procedures can help defend yourself against the accusation or provide insight into whether you could ever end up being accused of this type of behavior.
Next, do as much preliminary research as you can to find out more about the specific claim that has been brought against you, including when it started, as example, and what could have caused it. Start compiling evidence that may demonstrate the claim is false, including the original version of the documentation in question, other versions of the same document that depict consistency in your work, and other information that shows how credible you have been in your work. You should also find other witnesses in the workplace that can help bolster your side of the story. In most cases, your employer would not track down all the ways you’ve documented your work, so you should have some leeway in this area.
Consulting with an attorney is an important step throughout this process. Make sure to meet with a lawyer with a thorough understanding of employment law, and who focuses on matters regarding the defense of false accusations of wrongdoing in the workplace. At a minimum, you should seek out some basic legal advice before taking next steps, but you may end up needing to hire an attorney to represent you in negotiations with your employer or even in court depending on the exact circumstances of the situation.

How To Defend Yourself Against Undue Accusations of Document Misrepresentation

If you are accused of falsifying documents when you believe you have done no such thing, take the matter very seriously. In some cases, the issue may be inadvertent and not warrant a severer response, but more often than not those making false accusations do so out of a desire to cover up their own missteps or to bolster an unfounded superiority complex. You could lose your job and career over a false accusation, so it is time to defend yourself against the charge. One of the best defenses against a falsification of documents charge, whether true or untrue, is to call in others to witness the matter. If you can show that you have not made false entries in any of your other documentation , for example, this is a powerful argument against the charge of falsification. You can also do a document audit of your files and projects to show a history of being obsessive about detail, which would suggest that you are personally invested in the accuracy of your documentation. In the modern office, you may also turn to relevant technology to support your defense in a falsification of documents charge. If you have an office email system on which you communicated about the documents in question, for example, a review of history could show the truth of the matter and that you have not in any way falsified documents.

Preventative Measures

To prevent future incidents of this type, individuals and organizations can adopt a number of best practices.
Organizational Best Practices
It is essential that organizations maintain a culture of transparency, such that there are no secrets about how documents are prepared or what they contain. For example, if documents must be signed by a department head, they should not depend on others to put them together – they should put them together themselves.
Another best practice for preventing document falsification is an organizational audit system whereby there is regular checking that the appropriate documents exist. Such a system can create a paper trail that can be beneficial for the organization in protecting against claims that it knew about improprieties and did nothing. The regular reviews can be overseen by a team, rather than a single person.
Individuals who must handle documents should have protocols to follow on a daily basis. This may mean having their own procedures for keeping track of documents, adding specifics to templates so that there are no blank fields, and tracking changes over time. Individuals should also flesh out templates as much as possible ahead of time, thereby increasing the likelihood that a new or altered template will not be needed.
Individuals should also never permit others to remotely access their computers, in order to prevent others from using them with impunity.

Seek Legal Advice

If you or someone you know is facing the very serious allegations of document tampering or falsification, there are legal professionals who can help. While you may be tempted to handle such matters on your own, this is inadvisable when your livelihood is on the line . A skilled legal professional can help you prepare for your case and negotiate on your behalf. They can also serve as a straightforward and dispassionate voice when family, friends, and co-workers can only exacerbate an already stressful situation. Above all, they can help protect your rights and even help prepare you for a potential future court case.