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Forgery of Signature and then Abandonment of Work

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TDC


Arresto Menor
Good day attorneys,

I'd like to seek for your advise regarding a scenario which occurred recently. An employee of ours forged a signature of one of our doctors in 3 examination results. This happened while the management was out of town, and such incident was documented with a memo and a written letter of explanation from the said employee. Such incident was not given immediate action, as the management was away, and was not informed as soon as they arrived. The management was only informed when they received a letter from the doctor who's signature was forged. Apparently, this employee also went on absence without leave, and at the same time, the management finds out that he abandoned his work.

Summary of issues:
(1) Forgery of Signature
(2) Abandonment of Work

What can the company do with such incident and what are the possible sanctions for such?

Thank you very much! Hoping for your assistance.

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council


Reclusion Perpetua
Send a return-to-work notice.

When the employee returns, issue a notice to explain for both offenses. Maximum sanction for both is termination.

If the employee does not return after a reasonable time, terminate his employment.

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HrDude


Reclusion Perpetua
Better you process the admin case. Send the Notices (NTE, admin hearing and Termination) to the employee's last-known address. Terminate his employment based on serious misconduct, dishonesty and/or fraud.

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TDC


Arresto Menor
Is it possible to file for damages?

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HrDude


Reclusion Perpetua
TDC wrote:Is it possible to file for damages?

Is/are there actually damage/s suffered by the Company? I believe the only person in the situation who has a cause of action and can file for damages is the doctor whose signature was forged.

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TDC


Arresto Menor
For the damages of the company, the exams and results were conducted and released by the company with the doctor's signature. It would have affected the company's image and credibility. Is this considered as a damage to the company?

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HrDude


Reclusion Perpetua
Like what you said... 'it WOULD have affected the company'. Where is the damage there? Damages have to be proven. As of this moment, you are only SPECULATING... your 'damages' are speculations only.

'Damage to the image of the company'. How can you say that your company suffered damages? What the extent of the damage? If the company suffered damages, how do people, entities see your company after the incident? Questions like these MUST be proven by a competent court.

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TDC


Arresto Menor
Thank you for the advise.

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