Is it illegal to hire a mole to fire an employee.

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Is it illegal to hire a mole to fire an employee.

My husband recently got a new member in his department. He has trained him and
helped him with anything he needed. We went on a vacation his first in 10 years.
When he got back to work there were over 100 mistakes. He fixed everything in
only a few days. Now today the new member in his department confided something
very serious. I was actually hired to find everything that you are doing wrong
and then tell the higher ups so they can fire you, and I get your job. Then he
began to say that he has only witnessed outnesses form the higher ups and other
departments. Also there was a mistake he himself had made that they where trying
to pin on my husband. The whole thing is supposed to end on his 90 day review
which is just around the corner. Is there anything my husband can do? Or anything
they can do together? Is this a sue-able offense for an employee?

Asked on June 14, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is nothing at all illegal about hiring a "mole" to look for mistakes in order to fire an employee. If your husband had a written employment contract (including a union or collective bargaining agreement covering his employment) and he was fired in violation of it, he could sue for breach of contract. Or if the "mole" lied about your husband's work and his mistakes, you may be able to sue the "mole" for defamation (for making an untrue statement of material, or important, fact, which damaged your husband's reputation). But otherwise, without an enforceable written contract, your husband was an employee at will and could be terminated at any time, for any reason; and there is no liability for reporting true facts, even harmful ones, about another person, even a coworker.


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