What are my rights if a manager/supervisor of mine went on our company intranet and falsified my training records by claiming he was me and completed my training to meet his deadline?

One of the training modules required verification of the participant. He also electronically signed a confidentiality agreement as me. All of this was done without my knowledge. Did he commit a crime or is this just an ethics violation? Would I have any chance of winning a case if I sued the company.

Asked on November 13, 2015 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) It can be crime--impersonating another, identity theft, etc.
2) A company is not liable for the criminal acts of its employees, because those acts are not what they are hired to do; i.e. the criminal employee is going beyond the terms or bounds of his/her employment, and the company is not liable for that.
3) If you suffer some personal loss or cost (e.g. you somehow end up getting fired and losing your job, because the company believes you conspired with the manager to do this), then you may be able to sue the manager/supervisor personally for your loss. But since you can only recover compensation for actual losses or costs, if you have not suffered any losses, etc. from this, there's no point in suing--you would not recover any money.

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