Liar, liar, but employee’s not fired
September 4, 2008 by Fred HosierPosted in: Dubious decisions, Special Report
Imagine this: An employee admits she forged a document. But after an investigation by HR, the final decision is to not fire her. Reason: There were no specific rules prohibiting forgery, and the employee was afraid of retaliation by a co-worker.
If you’re outraged already, hold on, because it just gets better: The employee in question worked for the Connecticut State Ethics Commission. And her forgery caused another state employee to be fired.
Maureen Duggan was a staff attorney for the Commission. She wrote a phony letter that appeared to be written by an anonymous parking lot attendant about problems within the Ethics Commission’s executive director, Alan Plofsky.
To make the letter appear authentic, Duggan went to the trouble to misspell words, such as “anonimus,” according to the Hartford Advocate.
Duggan received her own letter as an attorney for the ethics commission. She and two other attorneys declared the document authentic. Investigations followed which resulted in Plofsky being fired.
Plofsky sued, and during a deposition, Duggan admitted she’d forged the letter.
‘Forgery is a crime’
“She forged a letter. Forgery is a crime. How much more just cause do you need?” asked Andy Sauer, head of Connecticut Common Cause, referring to the state’s decision not to fire Duggan.
Duggan told investigators she wrote the letter because she feared retaliation if her complaints became public.
But as a lawyer for the Ethics Commission, Duggan should have known better than anyone else that if she wanted to raise questions about something within the government, she’d get whistleblower protection.
A state panel eventually reinstated Plofsky in a different state agency.
This case raises some interesting questions for HR professionals:
- Forgery is a form of lying. How big would an employee’s lie — or its effect — have to be for that person to be fired?
- Does your company have a policy in place for when an employee acts as a whistleblower — coming forward with concerns about other employees’ conduct?
We’d like to hear from you. You can enter your comments in the box below.
Tags: attorney, forgery, whistleblower
September 5th, 2008 at 9:37 am
How taboo is this? I will not comment on my employer’s policies regarding such situations, but this was a very hypocritical act and the lack of punishment did not fit the crime.
September 5th, 2008 at 9:57 am
It is an extremely cogent point that Duggan, both as an attorney and as a member of the Ethics Commission, should have known better; her profession and position demanded it, and she should have been held responsible for that knowledge. Her actions were inappropriate in the extreme. I believe it takes a morally courageous person to effectively administer ethics, and an equal courage to have publicly found her at fault. The decision by the state panel lacked that courage, buts its failings are attributable to human nature. This is a sad, sad commentary on political life. Had she been held accountable for her actions, the Ethics Committee, and the State of Connecticut, would have emerged stronger, more respectable. We missed an opportunity.
September 5th, 2008 at 10:28 am
It doesn’t matter if the allegations were true or not, forgery is a crime (Except in government ethics agencies, go figure). She should have been fired irrespective of the charges. How credible will her future activities be? Oh I forgot, it’s a government agency.
September 5th, 2008 at 10:30 am
I can’t help but wonder why she forged a letter…why not just send an anonymous complaint if she was afraid of retaliation? I have to agree with Deb. Surely the person fired was let go because the allegations were true. So there was obviously a legitimate reason to complain…some things needed to come to light. However, two wrongs don’t make a right.
I can understand Duggan fearing retaliation. You can talk about whistleblower protection all you want, but it takes time to work through any situation like this and during that time, you can be without work, without income, and facing the loss of everything. I just don’t understand why she had to forge some kind of a document to file a complaint. Companies who have any kind of ethics reporting system have to have a way for complaints to be made anonymously. I would THINK the Connecticut State Ethics Commission would also provide some means of placing an anonymous complaint. Something here doesn’t make sense. Maybe we need more information.
September 5th, 2008 at 10:31 am
Why would anyone take a chance like that! My experience has been that lies or misrepresentations usually come back to bite the person in the end. While the attorney may have been upset about a situation, the proper procedure would have been to address it with the appropriate person in a professional manner - not personalize it and especially not create a false document that could later prove to be her undoing!
September 5th, 2008 at 10:32 am
Enough is enough, this person lied and caused another person to be fired, she is the one that should have been fired. As an attorney she knows better, I believe she should have been FIRED!
September 5th, 2008 at 10:51 am
Also, any company or agency that takes action on an employee based on anonymous letters - especially an ETHICS agency - is woefully managed. But in this case it’s a government agency, so I’m not surprised.
September 5th, 2008 at 11:05 am
Fired? What about disbarred? You have an attorney forging something knowing that it would come before her. She declared it authentic! The fact that she purposely misspelled words showed that she knew what she was doing! This is just unacceptable for an attorney, especially one for the Ethics Commission.
September 5th, 2008 at 11:31 am
Let me start by saying that if the letter was a forgery, in the legal sense of the word, she should have been fired. That being said, there is a question as to whether or not the anonymous letter was indeed a forgery. Claiming to be a generic parking lot attendant, while certainly being a lie, does not automatically constitute forgery. In addition, it is unclear that the document created had the intent to defraud or misrepresent any facts (other than the identity of the sender). If all she did was attempt to hide her identity, I am not sure I would terminate for that cause.
Unfortunately, she also involved herself in the investigation. This is a clear conflict of interest and could be contrued as harassment, which may also result in termination.
without further digging I don’t have enough information to make a final call on this one. I do think we should be careful with our reactions to words (i.e. forgery) without an evaluation of the facts.
September 5th, 2008 at 11:36 am
Jessica, remember this is a GOVERNMENT agency. The lawyer may not be board certified, but she certainly knew right from wrong. Firing is appropriate but you have to look at the source.
September 5th, 2008 at 11:39 am
Why do we continually take shots at government agencies? Like all companies, they sometimes hire the wrong people and sometimes make the wrong decision. In the business arena, we have all seen bad choices and bad behaviors that resulted in serious damage to many good employees in the organizations. Both the behavior and the decision in this instance were wrong, but let’s balance our judgment with the recognition that there are many more good behaviors and good decisions made by those in government than the bad decisions described in this article.
September 5th, 2008 at 11:41 am
This is another case of attorneys protecting each other. Our legal system is a joke.
September 5th, 2008 at 11:48 am
Whatever has happened to Accountability? This attorney violated her own professional code of conduct. She should have at least been fired and at best brought before her local Bar association for disciplinary action!
September 5th, 2008 at 12:13 pm
Let’s see, a member of an ethics committee does something totally unethical to point out how unethical a coworker has been, thereby causing the coworker’s action to come to light, which resulted in him being fired. But since the fired worker was fired because his unethical behavior came to light unethically, he is reinstated to another department so that he can be unethical somewhere else…….in the meantime time the ‘well meaning’ unethical behavior of the instigator of this whole mess goes unpunished………sounds to me like ‘a lawyer on the ethics committee’ has fast become a new form of an oxymoron……..He should have been fired and stayed fired and I would vote for disbarrment or some sort of strong sanctions for the attorney at the least.
September 5th, 2008 at 1:04 pm
The amazing part of all this is that we the “society” have allowed there to be two different standards estabilished; not only in this particular situation but in all aspects of our daily living - The first standard: honesty, dignity, and just good moral conduct is the one we expect from each other and then there is the second standard; lying, cheating and backstabbing that we expect our government officials to follow. Sad that we not only accept but expect this double mindedness.
September 5th, 2008 at 1:11 pm
As a lifelong government employee myself, Ms Duggan should have been fired. The whole thing makes a mockery of Connecticut’s regard for the work of government. As an attorney and Ethics investigator she is a disgrace.
September 5th, 2008 at 2:08 pm
It makes me so sad to have to read this. I am a government employeed that had to witness forgery causing terminatin of a supervisor and even found guilty and having to do time. When will people step up to the plate and take responsiblity for unmoral actions. Once again it is a sad day in government and how our government is being reflected.
September 5th, 2008 at 2:46 pm
Becky above, asks why we take shots at government. It’s because of things like this and the main reason that it is so difficult to get rid of incompetent employees - the good employees give up. Yes, private business has problems, but in tyhat arena, if you don’t get rid of incompetent employees you go out of business. Government just continues along, rewarding incompetence.
September 5th, 2008 at 2:58 pm
Ethics Commission, Lawyer, forgery……what is wrong with this picture! I assume since the word “forgery” was included in this story that it was found to be a forgery in the legal sense. I’m appalled that an attorney who would or should know the right way to handle a complaint would do so in such a childish manner. This attorney should’ve been fired if not had criminal charges brought against her and/or had been brought up in front of the Barr. What a bad representation for an “Ethics Committee”! Don’t forget our taxes pay these government employees salaries; is this really the way we want our money spent!
September 5th, 2008 at 3:15 pm
Government Ethics is an oxymoron.
September 5th, 2008 at 4:06 pm
This reminds me of the job that I was just terminated from…I was the former Finance Director as my former boss forged my name to withdrawl over $300(k) from annuity accounts. When called on the forged documentation he said oh go ahead and push the paperwork on through the company does not know she was terminated (3 months later). Also, the police will not even investigate this case due to a pending lawsuit I have against the City…..Any one with some ideas…
September 6th, 2008 at 9:25 am
Pray for a miracle, God will help you to get through the difficult time. The truth is always come out. Please talk to counselors and friends so you will get new ideas and find justice sooner or find a different job. I was in your shoes many times and was framed for something that I didn’t do or was treated unfairly at work for more than 20 years and until now. However, when I look back at the ones who harmed me in the past, I feel sorry for them and their families. The prices they paid for their sins were high. I now try to hang on my job for few more years so I can take early retirement and pension. I hope the conscience of the ones who harm you are eating them alive.
September 6th, 2008 at 11:16 pm
That is the most ridiculous excuse I’ve ever heard (the reason she forged the letter). Unfortunately, people seem to be able to lie about others, which required an investigation, and still keep their job too (this happened in my company). So, I guess it’s not all that unusual…
September 10th, 2008 at 11:13 am
I must say I don’t agree with the method the lawyer used and I don’t see in the article where the director was innocent. In all the years I’ve had any knowledge of whistle blowers and guilty parties, I’ve never seen a whistle blower get rewarded (usually they are marked as trouble makers) and I’ve never seen guilty parties punished. I have seen guilty parties PROMOTED out of their current positions to cure the problem. It was a joke at the city I worked for, “want a promotion? have some serious complaints made about you”
If the allegations were true the director should have been fired and that decision upheld. The lawyer’s career was probably in the can anyway after her actions were exposed.
September 11th, 2008 at 1:55 pm
She is an attorney and ethics is of the utmost importance! She was taught several course on ethics in law school and would have to be tested on it to pass the bar. I guarantee forgery is not taught as an acceptable practice. This woman should have been fired and shame on the government for coming up with excuses not to.
September 11th, 2008 at 1:57 pm
I apologize. I should have proofread this before sending submit. I meant to say “she would have taken several courses on ethics in law school….”
September 12th, 2008 at 11:37 am
Although her employer may not have found her actions sufficient to fire her, she is still a member of the state bar. As an attorney, she, like all attorneys, are subject to certain Rules of Professional Conduct and a state disciplinary review board. I would be surprised if someone had not reported this incident. Even were she not disbarred, her actions certainly seem unethical and subject to some disciplinary review.
September 12th, 2008 at 11:49 am
I don’t see where there was “forgery” in the above incident. I’m reading that she wrote a “letter that appeared to be written by an anonymous parking lot attendant”, in other words an anonymous letter written in a way to preclude any connection to the actual writer. Had it actually been a forged letter she would most certainly have been fired. Considering the fact that she felt so strongly a need to disclose an obvious wrongdoing by the director (obvious because he was fired) and her concern for not losing her job, she did what she felt was justified.