Is it legal to alter an employee’s write-up after they have signed it and without prior notification?

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Is it legal to alter an employee’s write-up after they have signed it and without prior notification?

Asked on July 8, 2015 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is not legal to alter a document signed by another person after it has been signed: depending on the use to which it is put, that could be, for example, violation of labor laws or unemployment compensation law (if it is used to deny an employee compensation he or she should receive) or fraud. However, the key is that the write-up is irrelevant until and unless it is used in some way, so if it is never used, it does not matter what was done with it. Also, bear in mind that "alteration" in this sense means changing the words the employee viewed and signed; the employer may, however, amend or add to the write-up as well, as long as it clear (or at least reasonably clear) that the after-added text was in fact added after the signature was affixed.


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