What action can be taken against an employer for fraudulently creating documents from a criminal and civil stand point.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What action can be taken against an employer for fraudulently creating documents from a criminal and civil stand point.
An employer forged an non compete contract to try and
prevent my ability to work for a competitor. I have
documentation proving that the contract was fraudulently
created.
Asked on July 22, 2016 under Employment Labor Law, South Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the employer doesn't do anything to try to enforce the false agreement, it's a moot point--you've not been injured by it and so would not be entitled to compensation; no point, therefore, in legal action, since you can only get compensation if harmed in some way, or if (at least) the other side attempts to take action vs. you.
If the employer does try to enforce the agreement in court or else tries to scare new employers off from working with you, sue or countersue them for "tortious interference with economic advantage": that is, for using a wrongful act (a forged agreement) to try to cost you money or deprive you of a living. This is a not-well-known, but venerable and completely valid basis on which to sue. You may also be able to sue for "malicioius use of process"--for trying to use the legal sytem for an improper or illegal end. You would be well-advised to retain an attorneyt to help you to do this, since these are not as straightforward a case to make out as, say, suing over an unpaid bill or fender bender.
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.