What action can be taken against an employer for fraudulently creating documents from a criminal and civil stand point.

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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 4 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.


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