What to do about a forged employment document?

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What to do about a forged employment document?

I have filed a wage claim with the Wage Commission against my employer for not paying my last paycheck. In response to that my employer is saying that I entered into an employment agreement. I got a scanned copy from the Commission (submitted by my ex-employer) which clearly shows that my ex-employer has forged that document by pasting my signature on an agreement doc. Unfortunately, the Commission says that it cannot do anything about it. How can I refute this document and his claim? Is there anything that I can do against my employer for framing/forging an inappropriate document? Should I speak with an employment law attorney? IN Bexar County, TX.

Asked on January 20, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Definitely talk to an employment law attorney. You may have a legal claim of action against your former employer (since forgery is both a tort and a crime) and you should be able to appeal the Commission's determination. As to how you'd prove it a forgery: you can testify yourself (in which case your credibility will be judged); get others to testify for you; have the document and/or the electronic file examined to show that it's a forgery; possibly compare it to other documents, which may plainly contradict it. An employment law attorney can evaluate the situation and advise you as to what the claim may be worth, how expensive or difficult it would be to prove, and the strength of the potential case.


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