One “dishonest” act will cost the best employee their job
In 2016, Caleb moved as an investment counsellor from one employer to a new one. One of his clients was a doctor who rented a condominium he owned. He had handled her investments for some time and told her he wanted her to come with him to the new company. Emails and text messages were exchanged and to read them, you would think that the doctor fully intended to transfer her investments. Although she never categorically said she would, she went so far as to send a photocopy of her driver’s licence to eventually facilitate the transfer. She mentioned to Caleb that she was buying her own condominium soon and would need half of her investments in cash. What she never did was actually sign the legal documents that allowed the transfer. Caleb decided to do that for her without her permission.
Caleb did not receive any immediate gain or commission from the transfer. He was concerned that one of her investments at the old company was declining in value and he wanted to get it cashed out before she lost any more money. The day before she came home from a trip to Honduras and could have signed the papers herself, Caleb did it for her. Soon after, the doctor received a message from the old company wishing her well with Caleb’s company and confirmed that all of her assets had been liquidated and transferred. She could not understand how this could happen and did her own research. She discovered, through a friend who was an investment advisor, that there was no way the transfer could have happened without her signature on a number of documents. She wrote a letter to Caleb’s new boss as well as the Securities Commission. Caleb fully co-operated with the investigation and immediately admitted that he had “screwed up” but pointed out that he only did it to protect the doctor’s interests. He honestly believed she fully intended to transfer the investments and did not want her to lose any more money as a result of a delay in signing the papers. He assured the employer that this was not his usual way of doing his job and that it was a one off. It was all to no avail. Caleb was terminated and eventually sued the employer for wrongful dismissal. He claimed that this was an isolated incident and given the context, not so egregious as to justify his termination without notice.
The courts have held that an effective balance must be struck between the severity of an employee’s misconduct and the sanction imposed. The importance of this balance is better understood by considering the sense of identity and selfworth individuals frequently derive from their employment. Lots of case law has indicated that work is one of the most fundamental aspects of a person’s life providing a means of financial support and a contributory role in society. A person’s employment is an essential component of their sense of identity, selfworth and emotional wellbeing.
At the end of the day, forgery is a criminal offence and Caleb was employed to be a guardian of his client’s interests and investments. The Judge held that the employment relationship had been irreparably fractured by Caleb’s forgery. He lost his case. Unfortunately for Caleb, nobody else would hire him even though he had a good book of business. Why anyone would take the risk Caleb did is mystifying. But take a lesson from his book, no matter how big of a star you are, don’t do something stupid and precipitate your fall.
