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Question

My wife works in a Library on a military installation. Her boss is a civil service employee. My wife received a letter of counseling. My wife signed the letter of counseling. I instructed my wife she should ask for a copy of the letter for her records. When she was given the letter, she noticed it was not the original letter she signed. The document had been chanaged, and we believe that her signature was photo copied on the new document. We believe they changed the original document to remove verbiage concerning charging a customer a processing fee for losing a book. Her boss' realized that they were not allowed to charge this processing fee. We think they changed the document to hide this fact. We are upset that that they copied the signature onto a document my wife did not signe. Do we have cause for legal action? Would this be considered forgery? How does civil law interact with military law on this matter?

Submitted: 169 days and 4 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Texas

Already Tried:
We have filed a complaint with the Military Installations Office of the Inspector General.

Posted by bizlaw 169 days and 3 hours ago.

Info Request

Did you also have put in your file a corrected counseling letter so that what is on file is what she agreed to. What action will the Office of Inspector General take?

169 days and 2 hours ago.

Reply

The librarian originally administered the letter of counseling to my wife on 8 May. On 13 May when my wife returned to work, she asked the assistant librarian about the legality of the library charging processing fees. The assistant librarian indicated they are not supposed to charge processing fees for lost items. Later that morning my wife asked the librarian for a copy of the counseling letter. She said the assistant librarian had the letter and she would get it later in the day. My wife asked the assistant librarian later in the afternoon for letter. He said he was too busy to talk and that she would get the letter at the end of the day. As both the librarian and assistant librarian left that evening they tossed the letter to my wife in an envelope. My wife opened the letter and immediately noticed the letter had been changed. She brought the matter to my attention that evening. I thought this was a criminal matter at this point, and I contacted the Inspection General the next day and filed a complaint. Before the news broke that we had filed a complaint, the assistant library tried to get my wife to sign another copy of the letter in which they tossed to her in the envelope. This time, the letter had his name at the bottom of the page as a witness. My wife would not sign this letter and explained that she already signed a letter the week prior. She indicated that the letter was different. She asked to see the original letter she signed, but they would not show her. The Inspector General assigned the matter to the Mission Support Group Commander to look into. The Group Commander assigned someone from the same squadron that my wife is in to look into this matter. She is not an investigator and is friends with the librarian and assistant librarian. I expressed my concerns to the Inspector General about having this lady look into the matter. I felt she may not be impartial. I have not heard back from the Inspector General on this matter. However, the assistant librarian is adimant that this was the original letter my wife had signed. He was not even present when this incident occured. He was not present when the librarian administered the original counseling letter to my wife. He was off work that day the original letter was administered. The librarian has now distanced herself from this matter. Only the assistant librarian is meeting with the lady investigating this matter. I feel that is due to the fact the librarian knows it was wrong and she is trying to stay clear of this mess. I want them to produce a letter with my wife's signature in ink. They will not let us see it. I want to get the letter and have a handwriting expert to review the document. I also would like to get the computer(s) to have a computer forensic analysis done on the data to show that there were multiple letters along with the date/time stamp of when they were created. At this point I am not sure what the Inspector General will do. It will be based upon the report the lady looking into this matter drafts. I want to know what we can do legally as I am not confident in how this matter will turn out.

Posted by bizlaw 169 days ago.

Answer

It is not clear from from what you have written whether this is a military matter or a civil matter. It seems that your wife is not in the military and is working at a military library in a civilian capacity. However, I recommend that you have put in your wife's personnel file that the copy of the counseling letter she received is not the counseling letter she signed and pointing out in specificity the ways the one she was given differes from the one she originally signed.

 

As a civil matter, you probably do not have a basis for any lawsuit because you cannot show any damage at this point.

 

You did not state what the basis for the counseling was. If it was for failing to charge for an improper processing fee, then you would be seeking a cancelation of the counseling letter. If not, then correction of the counseling letter to clarify the record is what you are seeking.

 

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

168 days and 16 hours ago.

Reply

My wife received the counseling letter for the following: a young Airmen just finished up basic training. In order to outprocess the base, he had to outprocess the library to ensure he didn't have outstanding material. The librarian was taking care of the Airman. The librarian indicted the Airman had not turned in 4 books and he owed $95 to replace the books along with processing fees. The Airmen insisted he turned in the books. The two got into a heated argument. The librarian instructed the Airmen to go search for the books in the library if he turned them in. My wife helped the Airman look. They found three of the four books in the library. The librarian told him he owed $30 for the book and $5 for a replacement fee. The Airmen indicated he did not have the money. The practice was to have the patron provide a gift card for the amount owed from the local BX. The Airman was distraught. He later asked my wife how much he owed again. She said $30. She forgot about the $5 processing fee. My wife felt sorry for the Airman and gave him $30 from her purse for him to pay for the book. The Airman came back and presented the librarian with the gift card for $30. The librarian indicated he owed $35. He told the librarian my wife said it would be $30. My wife received the counseling letter for undermining the librarian's directions and for sticking her nose in business where it didn't belong. My wife said she forget about the $5 processing fee, and would be happy to pay the amount that was missing. The librarian would not accept it and gave her the letter of counseling.

As far as damages, my wife has been distraught over this matter. She is afraid to go to work due to the fact that she feels they are now out to get her. She is afraid they could potentially forge her name on other documents such as financial transactions and set her up to look like she has stolen money. She has been emotionally distressed.

When my wife told the librarian about giving the Airman the $30 to pay for the book, she received another letter of counseling the next day from the assistant librarian for paying fees for customers. They indicated this was against policy, but my wife said there was no such policy. She had never been told that. Often workers help the airmen buy paying for faxes, copies etc. when they don't have money.

We feel she has been damaged emotionally and professionaly as her integrity has been questioned.

Accepted Answer

The type of interaction you are describing would not justify a claim for damages. For this reason, I do not believe you have a civil claim. You wife should write a letter in response to the second counseling letter about paying the airman's fee setting forth her position that there was no published policy of which she was informed prohibiting making a gift to an airman.

 

If the librarian or assitant librarian engaged in the type of conduct she fears such as falsifying records, she would have a civil claim. It is called "tortious interference with contract" or tortious interference with advantageous economic relations" This is where someone interferes with a relationship you have, in this case her job, from which she derives economic benefit. The damages would be all wages she lost if she was terminated. Further, such action on their part would undoubtedly be grounds for immediate termination.

 

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Expert: bizlaw
Pos. Feedback: 99.0 %
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Answered: 6/7/2009

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30 years experience corporate, litigation, international

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