Legal Question in Criminal Law in California

Fraud / Forgery / Misdemeanor or Felony?

Questions with situation background information following:

1. Is this fraud or forgery or both?

2. Is this a misdemeanor or Felony?

3. If convicted of misdemeanor or Felony what is most likely outcome -- fine, jail time both -- and is there ''recommended'' or traditional outcomes for this type situation.

4. As co-worker who discovered this situation - am I in jeopardy if I *don't* inform my employer (associated wtih criminal act by not reporting discovery)?

Situation / Background

State - California

Employee advised employer that they had a medical condition requiring the employee to work at home.

Employee has worked at home for the last few years.

Company policy changed limiting in-home work exceptions. Employer asked employee to submit doctor's excuse.

Employee submitted a ''fake'' doctor's note to employer.

No known financial loss (if relevant) - as employer provided employee with same equipment employee would've used in the office. Employee pays for all other costs needed to do the work (fax, phone, office supplies etc.).


Asked on 9/11/07, 10:04 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Fraud / Forgery / Misdemeanor or Felony?

If the employee has been working satisfactorily, the employee may have a good defense against any criminal charge (since the work is being performed and the employer is not losing money). If I were advising an employer in this situation, I might suggest terminating the employee who submitted the bogus medical excuse -- I would consider confronting the employee and give him or her the opportunity to resign quietly. Since you are a coworker, you might be jeopardizing your own job if you don't tell and the employer were to find out some other way. Probably you should write a note to your superiors to the effect that you are unable to verify the medical excuse and requesting assistance. That way you are not in the position of accusing the employee of any wrongdoing, let your supervisors (and the company HR and/or Legal departments) deal with it.

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Answered on 9/11/07, 10:18 pm


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