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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10237
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I have just discovered that a former employee falsified a

Customer Question

I have just discovered that a former employee falsified a letter Tito get our products into the eu we found out Ifriday Please continue to work on improving the Earl Grey, Earl Grey Lavender can wait , along with the Pistachio?hen my operations asked our supplier if they thought the letter was legally correct they said no
The letter was based on lab tests we had done that claimed no detectable gmo's we in our product. We have two agreements with our supplier that state that they can't change the formulas without our acceptance after they let us know in writing They say they did not change the formula and that all of our products ARE filled with gmo's So my question is this what should I do to remove us from this mess. Oh. We have a customer waiting on a 40 ft container that cost about $150,000.00. and we ad
Re afraid of losing our good reputation às well as that customer and another larger customer
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Your scenario is a little complicated, but focusing on the issue of your former employee sending out a falsified letter, I can assist you with that.

This is an issue of "ostensible authority" in which the third party (the recipient) receives a letter which appears to have the authority and approval of the purported sender (you). This ostensible authority is created by the position of the individual. The third party is entitled to rely on that letter, unless and until they have actual information that the individual does not have the authority to send the letter.

In your case, you can rectify this by sending a letter to third parties simply notifying them that this individual no longer works for your company as of xx/xx/xxxx date and that you would appreciate notification of any correspondence that they receive from him on your letterhead.

Most large businesses deal with employee issues (including issues surrounding employee separation), and if you are still supplying the same products that were agreed upon in the first place (nothing has changed other than this individual causing undue confusion), they are unlikely to change their position.

You have a cause of action for "intentional interference with economic advantage and/or contract" against your former employee, as well as fraud, but unless he is fairly well to do, it may not be worth the effort to pursue the matter, you may however, want to consider having legal counsel send him a letter notifying him to "cease and desist" any further action - simply enough to stop further such actions.

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