FAQ: What Can I Do If A Co-Worker Is Trying To Get Me Fired?

Most people expect to have the occasional disagreement at work. But what happens if it feels like a co-worker is actively trying to get you into trouble or even have you fired?  In some circumstances it can feel like a co-worker is deliberately making false complaints, spreading rumours, undermining your work, or trying to damage your relationship with your manager.

The good news is that if someone is trying to sabotage your employment, your employer is required to take your concerns seriously and deal with them fairly.

Some common signs that a coworker is trying to get you fired might  include:

• Making false or exaggerated complaints about your work,

• Blaming you for mistakes they made,

• Deliberately withholding information you need to do your job,

• Spreading rumours or gossip about you,

• Trying to isolate you from other team members,

• Repeatedly reporting minor issues to management while ignoring similar behaviour from others,

• Setting you up to fail by giving incorrect instructions,

• Trying to make you appear incompetent in front of managers or customers, or

• Encouraging others to complain about you.

Not every disagreement means someone is trying to get you dismissed. Sometimes people simply have different personalities or communication styles.  However, if there is a pattern of behaviour designed to damage your reputation or employment, it should not be ignored.

What should I do if it feels like someone is out to get me?

When you believe someone is targeting you, it is tempting to confront them angrily or retaliate in a similar manner.  Usually, this makes things worse.  If you lose your temper, send angry emails, or behave aggressively, your employer may end up focusing on your behaviour instead of the original problem.  Instead try to stay professional, and keep doing your job to the best of your ability.  Try to avoid office gossip, don't retaliate, and keep any communications with the individual polite and factual.  The stronger your own conduct is, the easier it is to show what has really been happening.

If the behaviour continues, start keeping detailed records.  This might include dates and times of incidents, what happened, who was present, copies of emails, messages or other communications, notes about conversations, and details of anyone who might have witnessed the behaviour.

Good records can become very important if your employer later investigates the situation or if you need to raise a personal grievance.  Remember that your notes should be factual. Avoid emotional language or assumptions about people's motives.

If you feel safe doing so, you could try raising your concerns with your manager.  Explain to them what has been happening, why you believe it is affecting your work, any evidence you have, and what you would like to see happen.  Keep the discussion focused on facts rather than personalities.  This gives your employer something concrete to investigate.

What If My Manager Is Part of the Problem?

Sometimes the co-worker has a close relationship with your manager.  You may worry that your concerns won't be taken seriously.  If that happens, consider raising the issue with:

• Human Resources, 

• A more senior manager, 

• Your employer's owner or director, 

• A trusted union representative if you are a union member, or

• Your health and safety representative if the behaviour amounts to bullying.

Most workplaces also have policies dealing with bullying, harassment or workplace complaints.  Follow those processes where possible.

What Should My Employer Do?

Once your employer becomes aware of your concerns, they should not simply ignore them.  Under New Zealand employment law, employers have obligations to act fairly, reasonably and in good faith.  A reasonable employer should listen to your concerns and investigate where appropriate, taking steps to stop inappropriate behaviour. They should also avoid taking disciplinary action against you simply because another employee has complained.

When Could This Become Workplace Bullying?

Sometimes a co-worker trying to get you fired is actually engaging in workplace bullying.  Bullying often involves repeated unreasonable behaviour that creates a risk to your health and safety.  Examples include repeated humiliation, deliberate exclusion, constant criticism, persistent false accusations, setting someone up to fail, spreading malicious rumours.  If the behaviour is ongoing rather than a one-off disagreement, it may amount to bullying.  Your employer should take bullying complaints seriously and investigate them promptly.

When Should I Get Legal Advice?

You do not always need legal advice the first time something happens.  However, it is often worth speaking with an employment advocate if:

• Your employer is starting a disciplinary process.

• You are being accused of misconduct.

• You believe false allegations are being relied upon.

• Your employer refuses to investigate your concerns.

• The behaviour is affecting your mental health.

• You have been suspended.

• You think you may be dismissed.

• You have already been dismissed.

• You believe your employer is favouring another employee without properly considering the evidence.

Getting advice early often gives you more options than waiting until after decisions have already been made.  

Should I Raise a Personal Grievance?

Depending on what has happened, you may have grounds to raise a personal grievance if your employer's actions have caused you an unjustified disadvantage or if you have been unjustifiably dismissed.  The key issue is usually not whether your co-worker behaved badly.  It is whether your employer responded fairly and reasonably once they became aware of the problem.  If your employer ignored repeated complaints, failed to investigate properly, or disciplined or dismissed you without following a fair process, you may have legal options available.

Having a co-worker who appears to be trying to get you fired can be very upsetting. If this happens to you, try not to panic or react emotionally.  Focus on keeping records, remaining professional, and raising your concerns through the appropriate channels.  Most importantly, remember that your employer should not simply accept rumours or accusations at face value. They are expected to investigate fairly, listen to both sides, and make decisions based on evidence. If you are being treated poorly by a co-worker, and your employer is not doing the right thing by you, get in touch for a free consultation. MathewsWalker.co.nz | 0800 612 355

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.