Forgery

[TexasLawQuest]

What is the name of your state (only U.S. law)? Texas

Hi, I recently applied for unemployment. The terms of termination were unclear and very sudden. The termination meeting was about 10 seconds long and then I was escorted, out. Within the meeting, there were 3 other witnesses. The meeting was so short that I did not have a chance to sign any papers nor view any papers.

When I applied for unemployment, I stated that my termination was a layoff. The employer contested and said I was fired. The employer sent a termination form to the state, indicating my signature was on my exit interview, showing I was aware of termination. I have never seen the paper in my life, until I recieved this copy from state, and the signature is clearly not mine. It is my supervisor's signature, who clearly has issues with being a sociopath, at her late age. I hired a handwriting expert who determined that it was not my signature and that it was my supervisor's handwriting. I have multiple writing samples from her that clearly show it's her handwriting. Witnesses cannot tesitfy they saw me sign this document.

I am calling the state to see if they can investigate. In anyone's experience, does this ever turn into a fraud charge on the employer? If I forged documents to fraud the state for benefits, I am sure I would be facing criminal charges. Would this, indeed, apply, in the reverse scenario, in which an employer knowingly handed the state a forged document in order to deny my benefits? It seems in legal terms that this would be an open and shut criminal case but had anyone seen any precendence or actual results from this type of scenario? Thanks so much.

 

[HighwayMan]

You hired a handwriting expert? How much did that cost you?

 

[TexasLawQuest]

You hired a handwriting expert? How much did that cost you?

$300 for initial consultation.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

Hi, I recently applied for unemployment. The terms of termination were unclear and very sudden. The termination meeting was about 10 seconds long and then I was escorted, out. Within the meeting, there were 3 other witnesses. The meeting was so short that I did not have a chance to sign any papers nor view any papers.

When I applied for unemployment, I stated that my termination was a layoff. The employer contested and said I was fired. The employer sent a termination form to the state, indicating my signature was on my exit interview, showing I was aware of termination. I have never seen the paper in my life, until I recieved this copy from state, and the signature is clearly not mine. It is my supervisor's signature, who clearly has issues with being a sociopath, at her late age. I hired a handwriting expert who determined that it was not my signature and that it was my supervisor's handwriting. I have multiple writing samples from her that clearly show it's her handwriting. Witnesses cannot tesitfy they saw me sign this document.

I am calling the state to see if they can investigate. In anyone's experience, does this ever turn into a fraud charge on the employer? If I forged documents to fraud the state for benefits, I am sure I would be facing criminal charges. Would this, indeed, apply, in the reverse scenario, in which an employer knowingly handed the state a forged document in order to deny my benefits? It seems in legal terms that this would be an open and shut criminal case but had anyone seen any precendence or actual results from this type of scenario? Thanks so much.

Have your benefits been denied?

Forgery is covered by Texas Penal Code Section 32.21: http://law.onecle.com/texas/penal/32.21.00.html

Forgery can be charged as either a Class A misdemeanor or a 3rd degree felony, depending on the facts. The state could potentially contact the prosecutor to have criminal charges filed against your employer, if the signatures on the submitted documents are determined to be forged. There is no way to guess if this will be something pursued by the state or not, though. It could hinge on whether your employer is found to have presented forged or altered documents in the past.

If your claim is denied, I suggest you see an employment law professional for a personal review.

 

[anearthw]

I have never seen the paper in my life, until I recieved this copy from state, and the signature is clearly not mine. It is my supervisor's signature, who clearly has issues with being a sociopath, at her late age. I hired a handwriting expert who determined that it was not my signature and that it was my supervisor's handwriting. I have multiple writing samples from her that clearly show it's her handwriting. Witnesses cannot tesitfy they saw me sign this document.

You would be very wise to not state this ever again. I assume you have no psychiatric documentation attesting to this, and being a sociopath does not come on with late age Good luck in your pursuit here, but if you wish to be taken seriously, drop the unfounded accusations that will harm your credibility, it will not help you.

 

[CavemanLawyer]

This certainly could be a forgery and since the document was filed with the State it would make it a felony. Handwriting analysis is an accepted area of expertise but its value in court is still a little suspect if that is all you have. Any agency investigating this would need to find out more about this document and who all has custody of it at this place of employment. I think this is definitely something worth reporting to your local police agency.

There are also other charges that might be more applicable and easier to prove. For example tampering with a government document would only require that this person knowingly made a false statement in a document filed with a governmental agency.

There also very well may be a very specific statute dealing with the making of a false statement in relation to unemployment proceedings.

You also might want to contact the unemployment fraud division of the attorney general's office. They deal primarily with the opposite scenario, with someone lying to collect unemployment, but they may be able to help you and might be more willing to file a charge or at least investigate than your local detective would.

In any case my understanding is that once you apply for unemployment and the employer contests it they must make a showing that your termination was somehow related to your own conduct. If you fight the fight there you might gather much more evidence for a criminal case, like affidavits or maybe even a sworn statement. If you do file a criminal complaint I would let them know that proceedings are ongoing and more evidence may develop.