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Conspiracy to fire

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What is the name of your state? NJ

An employee in my department, who used to report directly to me, attempted to conspire with one of my current subordinates to complain about me and get me fired.

This employee had my immediate supervisor and a coworker fired based upon accusations he made about them regarding sexual misconduct. HR could not prove a case against these two former employees, so they terminated them for breach of confidentiality. The accuser was performing poorly and complaints were made from those he worked with regarding his performance. Based upon these complaints, my former supervisor switched his position with my assistant manager. The accuser now became my direct subordinate. He felt that he was unfairly treated and "demoted" due to the activities of the former employees.
The fact is that his position was changed due to his poor performance.

While under my supervision, this employee's performance was well below what was expected. I documented each and every occurrence of his performance and passed the results along to HR. Despite the continued poor performance and lack of improvement during an eight-month period, HR refused to act against this employee. Additional infractions included falsifying expense reports and time sheets, insubordination and dishonesty. In each case, HR did not act, although he admitted to some of these infractions.

Once my former boss and co-worker were terminated, this employee was moved from my supervision to another manager's so that we did not have to work together. Although he no longer reports to me, he does work in my office and he has access to my direct subordinates.

While on a recent assignment, he suggested to one of my current subordinates that they (this employee and my other subordinates) complain about my performance and get me fired.

Is this conspiracy and can I take any legal action against my employer for allowing this employee get to the point where he can say this type of thing? HR's unwillingness to act against this employee has caused me a great deal of stress. Please let me know if there is anything I can do against this individual or my employer.


I'm a Northern Girl
When and only when you actually suffer some form of damages (such as losing your job) you *may* at that time have a case against the employee. Whether you do or not will depend upon the exact facts at that time.

Unless you can show that the employee is treating you this way BECAUSE OF your race, religion, national origin, gender, disability, pregnancy, or because you are over 40 AND that your employer is aware of this and still has taken no action, you have and will not have any case against your employer. They are NOT required by law to take any action against this employee UNLESS his behavior is motivated by illegal discrimination, as described above.

You cannot sue for what hasn't yet and may not ever happen.

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