Legal Question in Civil Litigation in California

Re: Tampering with documents

Perjury comes to mind, among others. I suggest you get a new job, quickly, before doing these things, if you don't feel like refusing to comply. If you are fired, disciplined or retaliated against for your refusal to do these illegal things, you would have a good lawsuit. Feel free to contact me if so, because such employment law has been a specialty of my practice for 20 years.

Re: Tampering with documents

The first question that comes to my mind is: Is your boss asking you to alter the documents, or is his attorney asking you to alter the documents? My recommendations at this stage hinge on your response to this issue:

If it is your boss that is asking you to make the alteration, I would inform his attorney of his request. This will put his attorney on the hook, and he will be forced to stop, unless the attorney is dishonest.

If the attorney does nothing, or is the one asking that documents be fabricated or altered, I would contact the California State Bar immediately. You can look up the attorney's license number at www.calbar.ca.org.

Third, the previous posts are correct. I would look for a new job immediately, and I would not, under any circumstance alter any document or create any document or sign any affidavits that any altered documents are true. Your employer is setting you up to save him and for you to be the fall guy if the thing fails.

Very truly yours,

Re: Tampering with documents

What you are being instructed to do is a crime and could land you in jail. Moreover, if your employer were to fire you for not altering, etc. documents, you would have a good lawsuit against your employer, for example for "wrongful termination in violatoin of public pollicy." Simply put, you have a duty to not alter or fabricate documents even if it costs you your job. Document everything you can, and make copies of any documents you are instructed to alter, fabricate, or withhold and note the location (and identifying information if any) of any computers used to do this. If you do lose your job, contact the attorneys on the other side. If you have already done these things, you need to have a heart-to-heart with a criminal defense attorney.

Re: Tampering with documents

Your boss is asking you to commit a crime, and doing so could land both you and your boss in prison. Of course, refusing to do so could land you on unemployment. Given that choice, though, you must obey the law at the risk of losing your job.

I suggest contacting a lawyer who specializes in wrongful termination cases to get some advice about how to proceed -- and to represent you in a whistleblower suit if you are fired.

This isn't my area of expertise, but I know some of the state's best attorneys in the field and would be happy to put you into contact with them. Feel free to contact me directly if you are interested.