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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88298
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello-My boss gave me authorization to sign his name to a referral

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Hello-My boss gave me authorization to sign his name to a referral energy agreement and move a new energy referral deal forward, which I did. Then he turned around and said he never gave me authorization to sign his name (but he did). Then turned around and said he is going to sue me for forgery and fraud!!! All the while, he signed the same contract with the same company himself and is doing business with them, which I think proves he did want to do business with them? So I am confudede as to why he would threaten me with such things. Can you help me understand, if he is able to do this to me and what are my options to fight it? Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

I am very sorry for your situation. First, can you please tell me what state this is in, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Georgia is where company is located and I am located in Pennsylvania

Expert:  Ely replied 1 year ago.
Thank you. Apologies in advance for the momentary wait as I am typing out your question now...
Expert:  Ely replied 1 year ago.
This actually deals with a type of law called agency. In agency, an agent (you) acts for the company on the company's behalf.

Agency comes in FOUR TYPES:

ACTUAL - arising out of contact;
APPARENT - where the company intentionally or negligently let the other to believe that you had agency;
INHERENT - by specifically authorizing you; or
RATIFIED - by ratifying your agency after the fact.

In any of these circumstances, the company is bound to your agreement as the company's agent.

All the while, he signed the same contract with the same company himself and is doing business with them, which I think proves he did want to do business with them? So I am confudede as to why he would threaten me with such things. Can you help me understand, if he is able to do this to me and what are my options to fight it? Thank you.

It sounds like you had ACTUAL AGENCY here. He is trying to claim that you did not, for who knows what reasons (perhaps he is trying to get a better deal himself, or perhaps he forgot, etc).

In any case, as long as he gave you permission, then you did not do anything wrong, arguably. It helps if you have his permission authorization in writing, such as email, etc, or on a telephone voice recording.

In any case, someone in your situation may wish to remind him that he gave you authority, and, if he sues you, you may counter-sue for defamation under 42 Pa. Cons. Stat. §§ 8341-8345. This may work to have him reconsider his threats and back off.

Let me know if you need a sample letter.

IMPORTANT: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.


So even though he is now denying he ever told me to do so (I have no proof that he said it - as it was by phone), then I am not in trouble in any way (there was NO personal gain or monetary invloved at all for me - just signed it for him to get the deal moving)? All along, I was thinking he is almost blackmailing me on this issue to keep from paying me. Unreal!! And yes can you send me sample letter to counter sue. THis guy is ridiculous, but the words fraud and forgery scared me!!

Expert:  Ely replied 1 year ago.
Hello,

My apologies for the extra "bold" of the text - a glitch.

So even though he is now denying he ever told me to do so (I have no proof that he said it - as it was by phone), then I am not in trouble in any way (there was NO personal gain or monetary invloved at all for me - just signed it for him to get the deal moving)?

YES - provided that you can show that he did give you permission. It is your word versus his. He has to prove by a preponderance of the evidence that he did not give you permission if he sues you, so, the onus is on him to prove it. With just his word versus his, it is unlikely.

All along, I was thinking he is almost blackmailing me on this issue to keep from paying me. Unreal!!

That may very well be the case.

And yes can you send me sample letter to counter sue. THis guy is ridiculous, but the words fraud and forgery scared me!!

Sure:

Dear ___________,

This correspondence is in regards XXXXX XXXXX claims that I fraudulently and without permission have ________.

This is not true. You verbally gave me permission to contact the company on the date of ____, and specifically authorized me to sign your signature on the date of _____.

I acted with inherent and actual authority under the doctrine of agency, with your full knowledge.

If you claim that I have defrauded you or have otherwise participated in something illicit, I will have no choice but to sue/counter-sue you for (1) defamation under 42 Pa. Cons. Stat. §§ 8341-8345 and (2) malicious prosecution (if a criminal complaint is filed).

Malicious prosecution may be proven by showing (1) that the underlying proceedings terminated favorably to the accused; (2) that the defendant caused those proceedings to be instituted without probable cause; and (3) malice. Dietrich Industries, Inc. v. Abrams, 309 Pa. Superior Ct. 202, 455 A.2d 119 (1982); DeSalle v. Penn Central Transportation Co., 263 Pa. Superior Ct. 485, 398 A.2d 680 (1979); Restatement (Second) of Torts, § 653.

I will also seek punitive damages under 40 Pa. Cons. Stat. § 1301. 812-A.

I will defend myself vigorously against any such claims.

Sincerely,

Signature

Name
.

This is just a sample to have you write your own. Finally, an attorney's letter may hold more "gravitas" here coming from counsel. Good luck!

IMPORTANT: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.


Thank you. One last thing....he said he was going to send the police to come to my house and pick me up for these charges? Can that happen? Again, I think he is trying to scare me out of my pay, but he is acting very strange from the guy I've known for 4 years and don't know what he can or cannot do. I haven't slept in a week. Thoughts? Thanks!!

Expert:  Ely replied 1 year ago.
Thank you

My pleasure.

he said he was going to send the police to come to my house and pick me up for these charges? Can that happen?

No. This is not how it works. If he actually files a complaint, the police will first contact all parties (including you) to make a statement/talk to them about his allegations (get an attorney to help you if this happens). Then, they put together a file and send it to the District Attorney who makes a decision as to whether or not to charge. This whole process can take months.

So his claims are absurd. He is indeed simply trying to scare you.

IMPORTANT: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.


Im sorry one last thing.....the fact that he signed another similar contract himself with same company and is doing business with them, in fact, shows I did something that he actually wanted to do - right? Again, there was no monetary involved or personal gain, but rather, I did what he wanted to get the ball rolling on the deal. Thoughts? Im trying to get some real relief as I am pacing my house over this mess!! Thanks.

Customer: replied 1 year ago.

Are you available to help me (outside of Just Answer) should this not go away? I am hopeful he has nothing should he move forward since he is actually doing what he said he didn't authorize and would hope the DA would say there's no merit?

Expert:  Ely replied 1 year ago.
No need to apologize - this is what I am here for.

the fact that he signed another similar contract himself with same company and is doing business with them, in fact, shows I did something that he actually wanted to do - right?

Yes, this very much works in your favor as it lends credence to the fact that you acted with his permission, since he ended up doing this himself anyhow.

Do not stress yourself out. Consider using an attorney to send a type of the letter above (or doing so yourself), via certified mail, and VERY LIKELY, this will simply go away once he sees that you will not be bullied around.

Understand that 95% of such threats are never acted-upon.

I know you are worried - it is perfectly natural to be in such a situation, but now that you know that his claims are essentially ludicrous, his threats of arrest exaggerated, and his credibility questionable, you can relax, knowing that you are not really likely in any "serious legal danger" here. I think you are stressing yourself out a bit. I guarantee you that in a few days, this will feel like a bad dream and you will forget you even worried.

Unfortunately, JustAnswer experts cannot take customers as clients outside of the site - we are strictly prohibited. But thank you for your trust. May I recommend the PA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

IMPORTANT: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88298
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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