101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline & Termination

By Paul Falcone | Go to book overview

#88 Summary Discharge: Falsification of Company Records

Branch manager allows borrower’s wife to sign a deed of trust for her husband and is immediately dismissed for violating state notary laws and company policy.

February 22, 2010

Anthony Healy
122 Oceanside Avenue #3
Las Vegas, NV 89114

Dear Mr. Healy:

Attached are documents with a borrower’s forged signature. Mike Walker, Vice
President of Branch Operations, visited the Las Vegas branch approximately three
weeks ago. While there, Mike reviewed a file with a signed but nonnotarized deed of
trust. Mike spoke with you and your staff about the importance of proper notarization
procedures at that time.

Now it has been discovered by the Loan Production department that on February 18,
2010, the signature of borrower Michael Carter was forged by his wife, Corrine. The
discrepancies in Mr. Carter’s signature were especially notable because he is an
amputee and his signature (as documented in the notary log and on his Nevada driver’s
license) is very wobbly and unsteady. In stark contrast, Mr. Carter’s signatures on the
Short Form Deed of Trust and borrower application are much smoother and flowing.

An untrained eye can immediately notice that Corrine signed for her husband because
the husband’s and wife’s signatures on the document are practically identical. Forgery
is grounds for immediate dismissal, and the company could have been legally exposed
for failure to follow proper notary procedures as dictated by the Nevada State Notary
Commission. We consequently have no choice but to discharge you immediately for
violation of company standards of performance and conduct.

Sincerely,

Gary Kaplan
Senior Vice President, Loan Origination

I have received a copy of this notice.1

_____________________________________

Anthony Healy

_____________

Date

1 The “acknowledgment countersignature” is an alternative way to construct termination letters. Requiring the
employee to sign means that there will be no dispute (as an evidentiary matter) that the employee received the
document. Of course, it is not really necessary to have a signature line because there are other signs that signal that
the employment relationship has ended. Namely, the employee no longer reports to work and is no longer paid!
Still, there’s no harm in adding it; it’s really more of a stylistic issue. Therefore, add the countersignature require-
ment if your company is more comfortable with the added closure it may bring to the employment relationship.

-367-

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