How bad is it for an employee to fake the employer's signature on a govt. form?

No permission was sought or given before faking the signature.

The form is “verification of employment/loss of income”, to be filed with the state department of children and families. It is used for the government to determine various welfare benefits through that department (Medicaid, SNAP). All other fields on the form are filled out accurately - gross earnings, hours worked, and rate of pay are accurate.

I don’t think there is intent to defraud so it wouldn’t be forgery in the legal sense; however, the fake signature is written directly below the following text:

“What I have written on this form is true to the best of my knowledge. I know that if I give false information on purpose, I may be subject to prosecution for fraud.”

This employee is a new hire working in an office with access to blank prescription pads. Methinks no law has been broken and it’s not worth reporting to the state since the numbers match, but the trust violation justifies firing.

~Max

Yeah, I agree. It seems he’s technically violated the law but it wouldn’t be worth anyone’s while to pursue it. But that degree of poor judgment certainly justifies firing.

I take it the person who signed the form works for the employer who is also the employer of the person who is seeking benefits, but is not the same person. Somebody has to sign the form. Who else would sign it? I’m not understanding what was done wrong.

The person who signed the form is the same person seeking benefits.

~Max

We would likely terminate employment. You need to be able to trust an employee who has access to blank prescription pads and this employee has demonstrated that they cannot be trusted.

How could the person enter factual info for “date employment ended” if they were still an employee? The OP said all the info was accurate except the signature.

That section doesn’t need to be filled out if the form being used to verify employment rather than claim loss of income.

~Max

We fill out similar forms here in Arkansas and they’re typically completed by the employer. Section IV of the Florida form is where the employer, or their representative, signs attesting that sections I, II, and III are filled out correctly. If the employee signed their own name in Section IV I wouldn’t say they were engaging in fraudulent behavior I’d just think the screwed up and wouldn’t hold it against them. If they signed the document using someone else’s name that’s fraudulent.

Assuming that the form was actually given to the agancy, it may in fact be a crime. Forgery" doesn’t necessarily require “fraud” in the way you’re thinking of it , which is presumably that since the numbers are all correct the person wouldn’t be given a benefit he or she isn’t entitled to. In my state, a person is guilty of 3rd degree fraud when they falsely make, complete or alter a written instrument with intent to defraud, deceive or injure another. One of the ways a person falsely makes a written instrument is by making an instrument that purports to be created by the apparent creator ( the employer) when in fact the employer did not make the document and did not authorize the employee to make it. There was certainly an intent to deceive the government agency into believing that the employer or designee had completed the form.

Additionally, there may be other laws broken - sometimes there’s a specific one for offering a false instrument to a government agency.

That makes sense. So to the OP, whose name did the person sign?

I wondered about that too, but the Florida forgery statute requires “intent to injure or defraud any person”, rather than mere intent to deceive. 831.01 Fla. Stat. (2020).

~Max

It was an employee who faked my signature.

~Max

That’s interesting. How did you find out they did it?

It’s a form of criminal fraud, almost certainly a felony.

So, pretty bad.

A coworker handed me a photograph of the forms.

~Max

Yes. What else from a compliance and ethics position are they willing to violate?

In that case, given that the person fraudulently signed your name and has access to blank prescription pads, I wold lean toward firing her. (IANAL)

I feel like I should point out that while I am the manager I am not a doctor and so it’s a step removed from forging a doctor’s signature without permission. But her job duties include regular use of blank prescription pads and the electronic equivalent (filling them out for the doctor to sign off on, or translating a verbal into the electronic order for non-controlled substances).

~Max

In that case, I’d fire them for a combination of the trust violation and general stupidity. The trust violation especially because of the prescription pads. The stupidity because there is literally no reason for this person to forge your signature if they are filling in the correct numbers on the form. Not unless you would have refused to sign, but you don’t strike me as that type. Usually when people do this sort of thing it’s because they don’t want the correct numbers on the form and the boss won’t help them commit fraud.

Did she stand to gain a benefit from signing your name that she wasn’t entitled to? If she did, also report her to the agency that she would have gained the benefit from-unemployment, free or reduced school lunch, etc. Consider giving her the benefit of the doubt however if that is not the case and she perhaps thought she was handling some bit of bureaucracy minutiae for you, saving you the trouble. Either way, a good stern talking to is called for.