Fabricated Employee Handbook pages being submitted as evidence

Status
Not open for further replies.

KEITHCOWBOYUP

New Member
I am attempting for the second time to resolve an issue w/ a former employer in the Magistrate court system of Georgia. In a nutshell, I successfully resigned my position w/ the company, according to their written resignation guidelines. As of my last working day, I was to receive EARNED benefits that had accumulated to $4000.00. They are refusing to pay this stating that while I was employed a benefit cap had been in place that does not allow me to collect this money. This is false, no cap was ever in place. I was a member of management w/ this company and privy to all policies and policy changes. I have an original employee handbook and a revised handbook that was active during the term of my employment. They both clearly show that no benefit cap existed and that benefits rolled over into a new year. Their ONLY 2 documents that they are using as exhibits for their defense against my claim are two pages from the employee handbook that were "altered" for the purpose of their defense and now state that a cap was in place. With today's technology, it is very simple to modify existing documents to make them look like they were created at an earlier time, and capable of cutting/pasting new information into documents that were created at an earlier time and saved on a hard drive. That is how they are trying to defend against my claim.....by modifying original documents to make them look as if they were created at an earlier time ( they even put a earlier date on the document when the original document had no date ). How do I question / object to this type of exhibit being brought forward as evidence?? How can I make them PROVE the authenticity of the documents outside of the false date that they have placed on them??? Can I claim purjury and obstruction of justice to the court for the admission of false documentation?
 
The benefits I am speaking about are called PDO hours ( Paid-days-off) which accumulated at a set rate of hours per month depending on your length of service. As of my last day w/ the company, Dec. 04, 2006, they owed me for 196 hours at my regular rate. These benefit hours were EARNED, not just given out.
 
The benefits I am speaking about are called PDO hours ( Paid-days-off) which accumulated at a set rate of hours per month depending on your length of service. As of my last day w/ the company, Dec. 04, 2006, they owed me for 196 hours at my regular rate. These benefit hours were EARNED, not just given out.

What evidence do you have to prove this?

(I don't mean in general...I mean as it applies to you.)
 
1) The company I worked for began its management consulting lease at the facility in Feb 2004, in which I have an original copy of the employee handbook and a revised copy issued in June 2006 2) I have paycheck stubs dating back to Feb 2004 that show no deductions/withdrawals of any EARNED benefits 3) I have a copy of the written letter of resignation & a closing letter issued on my last day of work when I turned in my keys 4) I have 2 separate "demand" letters that were sent in Dec 2006 and Jan 2007 outlining the details of their debt and many attempts of contacts on my part to resolve this issue prior to submitting this claim to court. I am not questioning the acceptability or proof of my evidence to support my claim. And I know that the owners of the company and their legal staff know that I have the proof for this claim, that is why they fabricated written documentation to "support" their defense. My question is do they have the responsibility to "prove" the actual date/time of the written/modification evidence they are submitting? and, how can I "object" or "throw into doubt" the authenticity of their exhibits/evidence?? I'm sure with todays tecnologies proof of written documentation and its verification to its original existence/draft has been brought to question before the courts. How is this handled when questioned by both parties??
 
Somehow, the content and questions within my post are not being understood even though they are plainly outlined. I KNOW the law regarding wages, salaries, benefits, overtime pay, leave, etc. I KNOW that the law basically only regulates wages and overtime pay. I KNOW that the employer has no obligation toward payment of any other kinds outside of wages. HOWEVER.......if terms regarding benefits and other paid compensations are established and agreed upon and in writing at the onset/agreement of employment a lawful, binding agreement does exist between the two parties. If one party successfully abides/completes the withdrawal notification of such an agreement ( in terms outlined within the original agreement ) AND within the original agreement, it states that upon such a successful withdrawal all benefits/monies WILL BE PAID then that party is legally bound to pay such AGREED UPON MONIES. The employee handbook clearly establishes these agreements; outlines the terms for resignation; implies the payment of such monies after successful completion of resignation. The employer is then legally bound to render such payments. NOW IF I CAN PLEASE HAVE THE ORIGINAL QUESTION ANSWERED BY SOMEONE WHO KNOWS or please direct me to a website/address that can help: When a party, in court, submits written documents as evidence ( copies...not originals, & only part of a whole document )......and the other party knows that these documents were altered/fabricated/modified, how does that party "object" to the evidence and make the other party "prove" the authenticity of the documents they are submitting?? THAT IS MY QUESTION needing to be answered. How are today's courts making parties prove the authenticity of written documentation.......when the courts know that w/ today's technology, "copies" can be produced, altered, fabricated on a moments notice and have the ability to be presented as if they were written at a much earlier time.
 
Status
Not open for further replies.
Back
Top