Q: What is the line between fraud in performance evals resulting in adverse empl. actions when material facts are wrong?
If a manager and 2 up knowingly are materially fabricating facts that can be proven definitively by evidence, but yet the company (publicly traded) takes adverse actions based on those fabrications does the employee have a case and is there a chance depending on how egregious the matter to turn things into criminal fraud. Can fraudulent inducement ever become a criminal matter?
A:
If your employer knowingly fabricates material facts in your performance evaluations, leading to adverse employment actions, you may have a case for wrongful termination or defamation. Proving that the facts were intentionally falsified with evidence can strengthen your case significantly. You should consider consulting with an employment attorney to evaluate the specifics and potential for a civil lawsuit.
In egregious cases, where there is clear intent to deceive, these actions could potentially cross into criminal fraud territory. Fraudulent inducement, which involves knowingly making false statements to cause someone to act to their detriment, can sometimes lead to criminal charges if the deception is severe enough.
Document all instances of falsification and gather as much evidence as possible. This documentation will be crucial in any legal proceedings. Seeking legal advice is a vital step to understand your rights and the best course of action.
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