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Fake Documents

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meme2008

Junior Member
What is the name of your state? CA

Can a business bring a civil case against an ex-employee for using fake identification documents and falsifying information on his application to obtain employment?What is the name of your state?
 


Some Random Guy

Senior Member
What financial damages did the business incur because of these fake documents?

Does the individual have enough assets to make a recovery of those damages possible?
 

meme2008

Junior Member
hi

he's receiving over $4000/mth in unemployment and disability. the fake documents also cost us $$$ as we had to spend over $20000 on a private investigator to determine if he is who he said he is. the findings - fake.
 

Some Random Guy

Senior Member
If you fired him for cause for the fake documents and have prrof of that, how is he costing you unemployment? The disability, unless he is faking that, will likely not be affected by any forged documents used for hiring purposes

Yes you can initiate a court suit against him, but remember hor much the PI cost.
 

xylene

Senior Member
he's receiving over $4000/mth in unemployment and disability. the fake documents also cost us $$$ as we had to spend over $20000 on a private investigator to determine if he is who he said he is. the findings - fake.
It cost you 20 k? :eek::eek::eek::eek::rolleyes:

Why didn't you just can the guy?

I don't see what compelled you to spend that amount on a private detective, but not a lawyer.
 

Rexlan

Senior Member
I don't believe OP. No one in their right mind would do that or spend $20K to verify identity. Even if they did that is not damages which would need to be proven in teh litigation.

Additionally, it isn't costing OP anything for the unemployment. Unemployment is based as a percentage of wages paid and it is not paid by the employer to the unemployed worker.

Disability ... you can't get that AND unemployment!

So the issue boils down to OP wants to recover the investigator fees. The short answer is sure you can sue but you will most likely be defeated and then you really will be out the $20K!
 

meme2008

Junior Member
response

ok. he uses "2" social security numbers. one to obtain disability from our worker's comp. the other for state aid. second, he claimed disability from unverifiable worksite injury and his lawyer-appointed doctor.. oops... chiropractor signed him off as permanently disabled due to a cut on the face. third, he's working under the table ... that's why i decided to hire a PI. fourth, he filed a lawsuit for unlawful termination. supposedly, illegal immigrants have same rights once they are hired. but in this case, if he falsified his information, can we file a claim against him?
 

Rexlan

Senior Member
What you are saying is immaterial. You DO NOT pay the compensation. Your insurance pays it and you are out of the loop. Your premium is based on a percentage of wages paid.

And of course you had all of the correct ID verifications and forms on this employee ….. lol.

So, now you're saying the you investigated this person because he filed a lawsuit against you and you're pissed. You hired an investigator (for $20K .... come on) to see if you could get out of the lawsuit.

Sure you can file a counter suit. You can sue anyone you like. However, what are your provable damages? The investigator fees ARE NOT damages and probably can not be recovered.

It does not sound like you have a case.
 

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