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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3928
Experience:  Contracts, Wrongful termination and discrimination
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I am an Executive Assistant at a mid sized non-profit in Iowa.

Resolved Question:

I am an Executive Assistant at a mid sized non-profit in Iowa. The board of directors is involved with legal action after firing the CEO. The board has asked me to falsify the minutes of the last board meeting, the meeting at which they dismissed the CEO. I said "NO". They have not threatened my employment in any way and took "NO" as my answer. Am I under any legal or ethical obligation to report that they have asked me to do this? If so, to whom do I report it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

You are not under a legal obligation to report the incident. Although it would be considered fraudulent for the board to falsify its minutes, this does not rise to the level of criminal fraud. Even if it is criminal fraud, as an executive assistant, you are under no fiduciary duty to report this sort of incident to anyone.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

I understand that I have no legal obligation to report this. Thank you for your advice. However, if my conscience continues to nag at me, what would be the best approach to make my concerns known? Whom would I tell if I was going to tell someone?

Customer: replied 1 year ago.
Relist: Incomplete answer.
My initial question was partially answered but my follow up was ignored.
Expert:  Zachary replied 1 year ago.
Hi,

Sorry that I did not see your follow up question.

Did they actually falsify the minutes?

Also, is the CEO suing through the EEOC or in a private action?
Customer: replied 1 year ago.

I believe they are having the Interim CEO falsify the minutes. She told me she would "handle it." I told her she could not use my name as Recording Secretary if they alter the minutes.


 


I believe the former CEO is going with private action - I'm not in touch with her and I've been instructed not to speak with her until this is all over.

Expert:  Zachary replied 1 year ago.
Thanks for your response.

I said earlier that this is probably not criminal fraud. Further, it may or may not have yet occurred. However, I should couch that in that it may or may not be criminal depending on the type of false statements that may be inserted. Again, though, you are under no duty to report.

If you were to report, the party that you should report this to is Plaintiff's attorney representing the CEO. You could also send a certified letter reporting the incident to the Iowa Attorney General:

Iowa Attorney General
1305 E. Walnut Street
Des Moines IA 50319
Phone:(NNN) NNN-NNNN
Fax:(NNN) NNN-NNNN

If it is discovered that you did this, then there will be fall out for sure. You are going to be protected from termination as a whistleblower. However, this would be in a lawsuit you would have to file after the fact against the company for wrongful termination. There is no automatic protection for you here, nor is there a government entity which will take up your cause. You need to carefully consider further action and whether it is worth it or not.
Customer: replied 1 year ago.

Thank you very much. You've given me enough for further consideration. It's appreciated.

Expert:  Zachary replied 1 year ago.
No problem. Please let me know if you need anything further and don't forget to rate my answer!

Best of Luck,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3928
Experience: Contracts, Wrongful termination and discrimination
Zachary and other Employment Law Specialists are ready to help you

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