forged spousal consent

[Guest dbvail]

Plan sponsor recieved laon paperwork from employee, including spousal consent that was notorized. For whatever reason the spousal signature was questioned, and a quick check showed that it had been forged. The notary is a fellow employee of the person who applied for the loan.

So the PA has notorized paperwork that they believe to be bogus. First advice, get an attorney. second advice, don't release the check.

But what experience, if any, do other members of the forum have? Plain old opinions are welcome as well.

[GMK]

Plain old opinion:

I suggest contacting the spouse to confirm whether he/she signed the document (or maybe that was the 'quick check').

If the spouse did not sign, get a written statement to that effect signed by the spouse. Then get the employee's statement (in writing and signed), and proceed with discipline, if appropriate. Many places have a policy that falsifying documents is grounds for immediate termination.

If the signature is a forgery, you probably also need to decide if the notary public was an accomplice. Get the notary's statement, e.g., find out what steps the notary took to verify that the person signing the document was the spouse, and whether the notary claims to have been hood-winked or was in on it or what. If it is not clear whether the notary was totally innocent in this matter, send copies of the statements and the evidence to the state office that commissioned the notary public, so they can determine if the notary did her/his job properly. Your decision on discipline may depend on the state's verdict.

[david rigby]

GMK's suggestions seem very logical.

But it may be prudent to get legal counsel involved first. (Presumably, that is the PA's counsel, not necessarily the plan's counsel.)

(Hmmm. Would legal fee be a settlor expense?)

[J Simmons]

Unless the Plan Administrator is looking for grounds to fire the EE, I would not involve the spouse until after confronting the EE with the evidence of forgery and see if the EE wants to withdraw the forged document. In the event that the EE becomes overly defensive, then maybe contacting the notary would be next. The spouse would only be third in line--unless, as mentioned, you want to get rid of the EE.

[JanetM]

IMHO, If you do discipline the EE you should also report the notary to licensing board.

[Guest mjb]

Plan sponsor recieved laon paperwork from employee, including spousal consent that was notorized. For whatever reason the spousal signature was questioned, and a quick check showed that it had been forged. The notary is a fellow employee of the person who applied for the loan.

So the PA has notorized paperwork that they believe to be bogus. First advice, get an attorney. second advice, don't release the check.

But what experience, if any, do other members of the forum have? Plain old opinions are welcome as well.

Before you take the advice of several posters (and create a lot of unnecessary work for yourself) you should ask the employee if there is an innocent explaination. Many people believe, and in fact is it is a common practice, that a spouse has authority to affix their other halfs signature on documents if express or implied consent is given. Some people actually believe that they can sign documents for their spouse without their knowledge because married persons have the right to sign documents for each other.

If the spouse did not sign (spouse did not sign with the other hand because of an injury) then have the spouse sign the loan document in front another notary.

[jpod]

I agree with mjb's recommendation as to how to approach and deal with the employee. As to the notary, however, generally speaking you shouldn't tolerate having a notary on the loose who will play fast and loose with his/her obligations. If the employer knew that the notary had participated in deceit and did not do anything about it, that would increase the employer's exposure to liability down the road the next time the notary does something wrong.

[Guest dbvail]

Thanks to all for the input. If something of interest ensues I'll post it.