These crimes costly for misguided employers
Published 12/01/98

Legal claims asserted against an employer can be costly both in time and in money for the employer. In response to an employer=s concern about incurring these costs, the employer may attempt to create a Adownside@ for the plaintiff to continue pursuing his/her claim. A small minority of employers may go so far as to ask their employees to help bolster a defense by falsifying or hiding evidence. Falsifying or hiding evidence is a crime for anyone who participates in such acts. This article identifies some of the types of crimes that employers have foolishly committed in a misguided (and costly) attempt to defend a claim.

Falsifying a writing created by someone else may be the crime of forgery even if it does not involve the signing of another=s name. Testifying falsely in an official proceeding may be the crime of perjury or a false swearing. Please note that an individual=s testimony that they Adon=t remember@ when they do remember is as false as misrepresenting how certain events actually transpired. Altering, destroying, concealing, or removing evidence or creating false evidence to hide the truth in an official proceeding or investigation may also constitute the crime of falsifying evidence. Finally, if an employer attempts to induce a person to provide false testimony, withhold testimony, to make themselves absent from any proceeding or investigation to which he has been summoned, this can constitute the crime of witness tampering.

An employee=s duty of loyalty and obedience to their employer DOES NOT INCLUDE the commission of a crime. No employee should expect immunity from prosecution for his criminal acts because his employer told him to do it. If an employee is asked by an employer to assist in a criminal act, the employee must refuse and should consider seeking legal counsel to determine the most efficient and expeditious way to inform the appropriate governmental authorities as well to be advised of appropriate legal remedies, including Awhistle blowing penalties@ should the employer retaliate against that employee. Falsifying evidence is a crime whether done in a civil proceeding or a criminal proceeding. Employers should also keep strongly in mind that should such an attempt at falsifying evidence become apparent in either civil or criminal litigation, that evidence may quickly become the best evidence a plaintiff could have to show guilt or legal fault and, in certain situations, could even entitle a plaintiff to punitive damages.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, PA whose legal practice includes counseling businesses and business persons on a variety of legal issues and advocating on their behalf. Attorney Marr is also an adjunct professor at Daniel Webster College where he teaches business law. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.