If we had an employee who no longer works for us sign state and federal documents with an alias name, can we be held liable if we are audited?

UPDATED: Jan 18, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 18, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we had an employee who no longer works for us sign state and federal documents with an alias name, can we be held liable if we are audited?

Also, could we prosecute her for falsification of documents. This woman is no longer working for us but still has proprietary information which she has never returned. She signed I9’s, etc.

Asked on January 18, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) You are not liable for the criminal acts--signing with a false or alias name--of another. You could be liable for concealing that fact after knowing of it. You may need to disclose this to the relevant agencies voluntarily and affirmatively, rather than waiting util you are audited. You are advised to consult in detail with an attorney with some background in administrative law or government contracting.

2) You do not prosecute anyone--the state does. You could therefore report this to the relevant federal or state law enforcement agency (e.g. state attorney's general office; U.S. Attorney) and may wish to discuss doing so with an attorney.

3) You could sue her for the return of the proprietary information and/or for damages--compensation--if her taking of that information has caused you harm.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption