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Forged Signature on Legal Document

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1 Forged Signature on Legal Document on Thu Apr 07, 2011 3:37 pm

beaniemon


Arresto Menor
Hi! I'm not exactly sure which category to post this, I hope its ok here.

I'm a med tech with license to perform screening drug test. Currently I work as reliever analyst at a certain Drug Test Center. Let me refer to this as DTC1. Two days ago our facility, along with about 4 other facilities near LTO, got suspended due to some issue at DOH.

There's this facility, I'll refer to as DTC2. It's one of the other facilities that got suspended. I used to work there but I resigned 2 years ago.

Now what happened was that this morning while we're still trying to resolve the issue with DOH, we found that DTC2 was already releasing drug test results. We were able to borrow one of the said results from one of their clients. And we found discrepancies in the dates and there was my name as the analyst with an obviously forged signature. It was confirmed at LTO as well that the result form was fake.

I've already sent a letter to DOH confirming my employment at DTC1 and that I never signed anything at DTC2 during such time. My boss and coworkers are telling me I could file a case. Please, can someone here give me advice on this? Shall I go ahead and file a case against DTC2? What charges are we looking at? and.. What are the chances we're gonna win the case? If they try to go for amicable settlement, what would be the best thing to do? and... what else.. I really know little about how the system works. Any advice regarding this would be very much appreciated. Thanks and God Bless.

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2 Re: Forged Signature on Legal Document on Fri Apr 08, 2011 10:46 pm

attyLLL


moderator
if a criminal case, you will have to prove that who it was that forged the signature.

you can file a civil case against he company for damages also or instead. you have to be ready to spend though for filing fees. if your claim is not more than 100k, you can consider a small claims case.


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3 Looking for peace of mind on Fri Apr 29, 2011 3:01 pm

beaniemon


Arresto Menor
attyLLL, thanks so much for your reply.

I was open to getting the matter settled without having to take it to court as long as we could come to a certain agreement and my name, signature, license is cleared of any responsibility for their operation if any complication might arise, especially as DOH might be conducting their own investigation soon.

I filed a police blotter and we were summoned to the police station for possible settlement. They still would not admit to the forgery but reasoned that it was just an error in the system and the med tech who signed says he was in a hurry at the time and did a shortcut signature not noticing it was my name on the form and not his. We presented evidence and I might say that the officer who acted as mediator was not convinced of their excuses. But for purposes of settlement he proposed that an affidavit be written that the owner and personnel of DTC2 will sign. The affidavit will clear me of any responsibility for their operations after my resignation more than 2 years ago.

We were not able to discuss about money or compensation or damages. I'm not sure if I am entitled to such or how much. I also asked for advice from the public attorney's office about the matter as well as from a lawyer a friend recommended. All they could tell me about the money factor was that it was up to me. And since it was not brought up while at the station, I don't know, I just felt lost. While I'm okay with the proposal for an affidavit, but I am still somewhat bothered about the matter. I don't want to take the matter to court but I feel like something's not right. Like this was a violation of my rights or something.

AttyLLL, I would like to ask for your point of view in this. Please do bear with me. Hypothetically, if suppose you found out a certain firm releasing affidavits or similar documents notarized using your name with a fake seal and forged signature.. What would you do? I'm asking just out of curiousity or at least to ease my mind and maybe give me a certain direction. I do understand your disclaimer.

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4 Re: Forged Signature on Legal Document on Sun May 01, 2011 8:52 am

attyLLL


moderator
in settlement, you have to answer the question, what is the minimum you can live with? sometimes the answer changes with time.

you can file a criminal case and try to settle there so you will have leverage.

what is this DOH investigation? what letters and complaints have you filed? you do not need that affidavit from them if you documented your resignation and your complaint.

there'd be hell to pay if my name and seal was used.


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