I am looking for help in regard to a forged settlement agreement between my employer and myself. With HR not with a

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Customer: I am looking for help in regard to a forged settlement agreement between my employer and myself
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes with HR not with a lawyer yet
JA: Are you an "at will" employee? Do you belong to a union?
Customer: Yes I belong to a Union, but we have evidence that they took part in the forgery
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The Union lawyer took our evidence, and we believe there was a conflict of interest, yet he accepted more evidence and has not spoken to us since
Answered by Legal Eagle in 5 mins 2 months ago
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Jessica

Jessica

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Legal Eagle, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • I will respond as quickly as I can, but there may be an occasional delay. With that said...

Are you in court against the employer?

Customer
No
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Legal Eagle, Expert

Ok, got it! You said it was forged?

Customer
Hi
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Legal Eagle, Expert

Got it! Can you clarify for me? Did they forge your signature? What happened with it?

Customer
We filed a grievance back in March 2016 on 1 out-of-title work we were asked to do. In May of 2019 we were given another out-of-title task. When we complained out superintendent administrator handed us a copy of a settlement agreement stating we had agreed to do 5 out of title tasks because of the grievance we filed in March 2016.
Customer
The document states we withdrew our grievance, which we never did
Customer
It also states we were made aware of the contents of the agreement which we never were
Customer
It also states we grieved 5 tasks but we have evidence it was only 1 task
Customer
We also have recorded meetings which prove the document did not exist on May of 2017
Customer
There should be documents with our signature stating we we withdrew, the union or the employer do not have this
Customer
Also another document with our signatures stating we were made aware of the settlement agreement and they do not have that
Customer
We do have a Blue Collar contract and the employer has practically broken and the procedures stated in it to achieve this
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Legal Eagle, Expert

Ok, thanks! How is this document affecting you no specifically?

Customer
Two of us have been brought up on bogus disciplinary charges, have been suspended without pay, and are being brought up on other disciplinary charges because of the contract
Customer
We are being forced to do out of title work under duress
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Legal Eagle, Expert

Understood! So you're just wondering what your rights are here, correct?

Customer
We had a scheduled arbitration meeting that was supposed to take place on 9/19/22 and it was canceled
Customer
After we gave the union lawyer the evidence we had which implicated the Union last Thursday the meeting was canceled on Friday
Customer
We would like to know what we can do in regard to having someone with authority to look at the contract and see if it is legitimate or is it a forgery which we know it is
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Legal Eagle, Expert

Understood. Do you have a copy of something different than what you were provided?

Customer
In regard to the contract?
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Legal Eagle, Expert

Correct! You said you got one contract you found to be bogus. Do you have a different copy that says something else?

Customer
We have 4 contracts that say the same thing but the signatures are in different locations. The original has no employer logo but the other 3 have a copy and pasted logo on them. It is very vague as to when a meeting took place to discuss the settlement agreement or who was present
Customer
It mentions the original grievance we filed but it says we filed it on 5 different tasks
Customer
We have the original grievance that was filed
Customer
Only 1 task in it
Customer
We have the employers Step 1 decision which only talks about 1 task
Customer
There was a Step 2 hearing but we never received a decision but 2 years after that we see the agreement
Customer
The union initially told us we will take care of this and it was our mistake for trusting them
Customer
However we were a little skeptical and have been recording all meetings since 2017
Customer
Have plenty of evidence against the College and the Union.
Customer
Just need to present it to someone in a position to do something about it.
Customer
We thought at arbitration it could be done, but that was canceled because of what the union attorney did
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Legal Eagle, Expert

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

Customer
Okay
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Legal Eagle, Expert

You bet! I'll be with you ASAP!

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Legal Eagle, Expert

I'm so sorry to hear about your situation!

So the hard part here is that if all the forms you have are the same or substantially the same and if the material terms aren't changed, a court is not going to consider this forged at all even if papers are out of order or non-material items were changed.

Nevertheless, if you have proof that the forms are not valid, you'd have to sue for that. You're going to need evidence of this.

Since going to court isn't practical, you can tell the other side that you have the right to get "declaratory relief" and that you need the proper contracts sent to you that you don't believe you have possession of.

For what it's worth:

Declaratory relief is a procedure whose purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.”
To seek a declaratory judgment, you have to prove four things:
1. A bona fide justiciable substantial controversy exists;
2. The controversy must exist between parties with adverse legal interest as to their present or prospective obligations related to the contract;
3. A judgment would serve as a useful purpose in clarifying or settling the legal issues; and
4. A judgment will finalize the controversy and offer relief from uncertainty
.All this really means is that you are asking a court to determine definitively what each party’s rights, duties, and obligations are before there is a violation (e.g. a breach of contract). It’s important to know that there has to be an actual controversy. You can’t base it on hypotheticals. For example, if a party has a non-disclosure agreement, but one of the parties didn’t sign the agreement, a person may ask the court for a judgment as to whether the agreement is null and void on that basis. By getting a judge’s blessing one way or another, the parties will know where they stand. No damages are awarded; however, it helps the parties basically “know the score.”

Customer
even though this document was created by one party and the signature of the union lawyer is not the same as the signatures we have in other documents does not make a difference?
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Legal Eagle, Expert

So you could argue in court that the document was crated falsely. The trouble is the proof. 

Nearly anything can be used as evidence. This is including, but not limited to, written testimony, oral testimony, text messages, photographs, videos, public records, police reports, medical records, etc. So you have to give a judge something to go by. 

Does that make sense?

Customer
Hi
Customer
Should I have anymore questions where could I inquire?
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Legal Eagle, Expert

So for this, I would find out anyone else, including an arbitrator, mediator, or other party who may have a copy of the true documentation to help you with this. Go through old emails and your personal records as well, or just call them out on this and see how they respond and you'll know the truth. Did you have any other questions for me about this? Was there anything else I can clarify for you?

Customer
I am good for now
Customer
Thank you
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Legal Eagle, Expert

You bet! Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

You can always request me, too. Once you log back in, you can request me @LegalEagle
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