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Forged evidence

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Krlarson

Junior Member
What is the name of your state (only U.S. law)? Ca

Hello I'm suing my former employer for discrimination and for failure to prevent discrimination and harassment. I had a deposition a while back and my old bosses is tomorrow n I get to attend. But my question is, some of the evidence submitted by the defense are so called shipping mistakes that I made and on a few of them they aren't even my mistakes and isn't even close to my handwriting but yet thy are saying is mine.. If I prove they aren't mine can they be held liable for the false evidence or will they just take them off the table?
 


swalsh411

Senior Member
I am not aware of any charge called "false evidence".

A person may be guilty of perjury if they knowingly lie under oath.

Statistically it is extremely unlikely that your case will actually go to trial so this probably moot. If your case has any merit your former will likely offer a settlement.
 

Krlarson

Junior Member
So it's perjury if they submit evidence that's not even my mistakes or just a mistake on their part? Well it's almost been 2yrs since I sought legal help so I hope it's over soon
 

swalsh411

Senior Member
If somebody testifies under oath that it is your signature and that person knows it's not then that is purjury.

Submitting documents through discovery as you are describing is not. What you need to do is make the case that it's not your signature.
 

tranquility

Senior Member
I agree with swalsh411 and add forgery is not easy to prove. It's not like you get a bunch of friends together and they say it doesn't look like your signature, you need a handwriting expert to give an expert report.
 

Krlarson

Junior Member
Well my old bosses deposition happened and he did admit he put my signature on the paperwork so I didn't have to prove anything
 
W

Willlyjo

Guest
They actually forged my signature onto some documents.. That's not false evidence?
Get the forged documents scrutinized by a handwriting specialist and that will enhance your case. Also, once analyzed, you should turn the evidence into the DA for possible prosecution of perjury/forgery.
 

ESteele

Member
OP, you need to consult with your counsel in the underlying matter concerning the efficacy of a potential perjury claim.

Even assuming for the sake of discussion the company produced documents which contained a false version of your signature during the course of pretrial discovery, such production alone would not constitute perjury. (For example, did the defendant make a false representation to the court in connection with advancing or responding to a pretrial motion?) While your old boss has testified at the deposition you did not sign these documents, there are other considerations to be weighed in evaluating whether a resultant civil or criminal claim potentially exists.

More fundamentally, though, if these documents were indeed critical to the defendant’s rebuttal, then it would appear that establishing that said documents were falsified would substantially enhance your underlying disparate treatment claims and harassment claim.
 

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