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42. For what purpose (s) is the plaintiff's question permissible?
The plaintiff's attorney then asks the supervisor, «Isn't it true that before the discharge you were told that [the plaintiff] had reported to the police that you were pilfering money from the office coffee fund?»
A plaintiff, a former city employee, sued the city for his alleged wrongful discharge from a civil service position. The plaintiff alleged that his supervisor had discharged him in retaliation after she learned that he had told the police he thought the supervisor might be embezzling. At trial, the plaintiff has called the supervisor as an adverse witness, and the supervisor has testified that the plaintiff was fired for incompetence.
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A witness's bias, interest, partiality, or possible corruption is always relevant for impeachment because the jury or fact finder is entitled to all evidence that will help in its determination of accuracy and truth in a witness's testimony. Bias may exist where there is a special relationship between the parties, either favorable or hostile. Evidence that a witness is biased or has an interest in the outcome of a suit tends to show that the witness has a motive to lie. A witness may always be impeached by extrinsic evidence of bias or interest, provided a proper foundation is laid.
D is correct. The plaintiff's question is permissible both to impeach for bias and improper motive in firing the plaintiff. The plaintiff had tipped off the police that the supervisor may have been engaged in criminal activity. That is enough to give the supervisor a possible bias towards the plaintiff. Additionally, this evidence tends to show improper motive, which is admissible as relevant to determining the intent for wrongful discharge.
A is incorrect. This answer is incorrect because, although the evidence is proper to establish improper motive, this is not the «only» permissible use of it. As explained above, the evidence may be introduced to impeach the manager's credibility, not «only» to establish the supervisor's improper motive in discharging the plaintiff.
B is incorrect. This answer choice is also incorrect because, although the evidence is proper to impeach the supervisor's veracity as a witness based on dishonesty, it is also admissible to establish a potential bias or improper motive in terminating the plaintiff, as explained above.
C is incorrect. Similarly, this is not the «only» basis for introducing the evidence. It is also admissible to demonstrate the supervisor's improper motive in firing the plaintiff.