Legal Question in Employment Law in California

forgery, fraud and non prudent management

I have discovered my boss has forged my name and other names to documents pretaining to the petty cash fund. Checks are also being made out to the bosses friends/family and be charged/coded to temporary labor. These people have never worked in the office. I made copies of the documents and checks and gave them to the HR dept. and they have informed me that they will investigate the matter and that I may not see any visible means of discipline. I feel that I may be left in a very hostile work environment once my boss is confronted. Do I have any recourse with my boss since my name is one that was forged. Does the organization have any obligation to me to be sure that I am not harrassed or in a hositle environment?


Asked on 6/05/00, 3:49 pm

1 Answer from Attorneys
Frank Pray Employment Law Office of Frank Pray

Re: forgery, fraud and non prudent management

California recognizes a case for wrongful termination "in violation of public policy". The proof of such a case requires the following elements: 1) a complaint by the employee to either upper management or to an outside governmental agency 2) an "adverse employment action" taken against the employee and 3) proof of a causal connection between 1) and 2). Of critical importance is that the complaint concern misconduct that is of "public policy" importance. What is "public policy" is determined exclusively by reference to legislative intent expressed through enacted statutes or administrative regulations covering matters of substance. In your case, potential criminal misconduct has occurred (forgery and fraud). Several cases have identified criminal statutes as expressing the requisite degree of "public policy" importance.

Given your explicit written complaint to management, it will be interesting to see if your employer is foolish enough to take further action against you at this point.

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Answered on 7/25/00, 10:18 pm


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