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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 01-25-2012, 07:28 PM   #1
guest031612-2
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Default Banging an Office Intern

Hypothetically speaking of course:

A company "takes on," "hires," "employs," a college intern for the Spring term or whenever.

The nature of the "engagement" is as follows:

1. No compensation of any kind including benefits, no pay.

2. No written documentation of any type of employment internship or otherwise.

The intern is interviewed at the office, "hired," then comes to work as an intern. This is usually a 2-3 afternoon a week situation.

The question is, hypothetically speaking again: If a fully vested employee of the firm becomes sexually involved with the intern, during the internship, is the company and/or the employee "exposed" in any way to any type of litigation including, but not limited to, a sexual harassment claim?

The hypothetical place this may or may not happens or has happened is in Texas.

Thank you in advance for your consideration.

-Boog
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Old 01-25-2012, 09:34 PM   #2
Cpalmson
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You might want to ask William Jefferson Clinton. I think that with the right attorney (read Gloria Alred), any work place relationship can be turned into a sexual harrassment case against both the company and the individual. That's what happens when you let a bunch of liberal assholes write work place laws. I prefer the old days when the boss screwed the secretary, it was expected, everyone knew about it, but nobody said anything. We've become a pussy-whipped society.
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Old 01-25-2012, 09:47 PM   #3
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This will not end well......just saying
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Old 01-25-2012, 10:23 PM   #4
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if you have to ask if it is ok, me thinks you already know the answer
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Old 01-26-2012, 01:10 AM   #5
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Good answers...fakkkk...Hypothetica lly the situation will wait...until the Summer term...

Thanks fellas.
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Old 01-26-2012, 07:00 AM   #6
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If you're asking whether you're immune from litigation or liability because she doesn't have an employment contract, the answer is no. You should consult your company's policies because you may have a disclosure requirement. Hypothetically, you have or will be doing this.
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Old 01-26-2012, 07:54 AM   #7
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Best advice is DON'T!!!!!!!!
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Old 01-26-2012, 01:50 PM   #8
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As an old horse breeder once told me -- ya' don't work your riding stock, and you NEVER ride your working stock.
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Old 01-27-2012, 03:19 PM   #9
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Remember this definition when the ex-intern hires Gloria Allred to sue you and the company for $$$$$$$$$ - this is the term they will use (whether true or not). Abuse of Power - The act of using one’s position of power in an abusive way. This can take many forms, such as taking advantage of someone, gaining access to information that shouldn’t be accessible to the public, or just manipulating someone with the ability to punish them if they don’t comply. Quote - I was afraid that I would lose my internship if i didn't [insert carnal act here] ...
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Old 01-28-2012, 12:44 AM   #10
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There is a reason that all the sayings below, all from long ago, refer to the same topic:

1. Do not dip the pen in the company inkwell
2. Do not fish from the company pier
3. Do not shit where you eat
4. Do not poop where you play
5. You do not get your nookie where you get your cookies
6. Do not swim in the company pool

There is a very sound reason for these sayings, and that is 99.9% of people in the long run get greedy and over stretch, which can lead to hard feelings (all it takes is one!) accusations of he said-she said, etc......

And never think you are being sly, as we are never as sly and subtle as we think, in addition to as you become more comfortable with a conduct or behavior we tend to also become more lax in the hiding of that behavior (just think of any inappropriate office relationship, especially between superior and subordinate, it starts off with discretion but it always overflows out into the open! And never with good results for all).

Plus, you, as the senior person in age and experience, will not EVER come out on top! They always will defer to the younger, or subordinate, person as being the wronged party.
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Old 01-28-2012, 11:01 AM   #11
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Well if you must. Don't bang her at work. Then it doesn't become a work place issue. Anything that happens off the clock between two employees the company doesn't have any control over.
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Old 01-28-2012, 01:20 PM   #12
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Would also like to add to this that should you do bang her off premise etc.. when you both are at work.. do not act overly friendly towards each other or be too familiar with one another
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Old 01-28-2012, 02:03 PM   #13
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Quote:
Originally Posted by Spirit13 View Post
Would also like to add to this that should you do bang her off premise etc.. when you both are at work.. do not act overly friendly towards each other or be too familiar with one another
Sure go ahead and add that. But it really should go without saying though.
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Old 01-28-2012, 04:20 PM   #14
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Quote:
Originally Posted by acp5762 View Post
Sure go ahead and add that. But it really should go without saying though.
I did just that seriously.. it is not the HR department you have to worry about right off.. others will see things you think are hidden and then the office gossip starts.. if it gets to a certain level the HR steps in..

scenario 1) you are not banging but acting too friendly.. the gossip is a detriment to the office productivity and has to stop.. they reprimand both of you and now you have that on your record.

scenario 2) you ARE banging... same as above

worst case is if they have proof of your affair (they monitored email and calls on company phones) then ask you if you are.. you say NO then they pull out the emails of you talking about it.. and say "we believe you are and now you are gone" how do you prove you were NOT ? and now that both of you are fired (they cannot fire just one of you and be fair) do you think you both are going to clean out your desks then leave the building only to meet up at a hotel for more sex? HELL NO
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Old 02-01-2012, 05:24 PM   #15
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Red face

Quote:
Originally Posted by Spirit13 View Post
I did just that seriously.. it is not the HR department you have to worry about right off.. others will see things you think are hidden and then the office gossip starts.. if it gets to a certain level the HR steps in..

scenario 1) you are not banging but acting too friendly.. the gossip is a detriment to the office productivity and has to stop.. they reprimand both of you and now you have that on your record.

scenario 2) you ARE banging... same as above

worst case is if they have proof of your affair (they monitored email and calls on company phones) then ask you if you are.. you say NO then they pull out the emails of you talking about it.. and say "we believe you are and now you are gone" how do you prove you were NOT ? and now that both of you are fired (they cannot fire just one of you and be fair) do you think you both are going to clean out your desks then leave the building only to meet up at a hotel for more sex? HELL NO
There are really no workplace issues. It's only me and 3 partners albeit we are with a massive firm.

I had her sign a document that we are playing, she consents and is under no duress or pressure of any kind. nothing takes place at or near the office.

Of course Gloria "Bat Fucker" Allred will claim she signed the letter under duress......

I agree with everything y'all have said and certainly boo boo bear...BUT......
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