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

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Old 02-01-2012, 07:29 PM   #16
pyramider
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You will get fried. then terminated. Once you become a liability to the company they will cut you loose.
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Old 02-02-2012, 12:21 AM   #17
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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
Although I agree. I really think to fire two people for having a friendship outside of work the company will have to use Job performance as a final straw to dismiss you even if it's exaggerated. If an affair between two employees is that upsetting to the company, they aren't going to dismiss you on just those grounds. Not this day and age anyway. Employees have to many avenues of recourse.
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Old 02-02-2012, 03:51 PM   #18
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Stop jerking our chain.
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Old 02-02-2012, 04:27 PM   #19
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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.
Is there such a thing as a triple face palm?

Such a document might - but don't count on it - make it harder for her to sue you, but it will make it easier for the company to fire you. What better evidence could there be that you knew what you were doing was, in some way, wrong?
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Old 02-03-2012, 09:44 AM   #20
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The contract idea sounds a little dumb. I'm not an attorney but I was once told by an attorney that I respect a lot that contracts such as the one you described are the easiest to overcome in court.

But with that being said, I've screwed the boss on several different occasions and at a few different jobs. (Yes, I'm kindof bad in that way) And although it's not the Nazi type work atmosphere then as it is now (think fifteen years or more back), only one time was there an issue.

And it was because we both drank too much at a company party and disappeared during the event. The wife got mad. HR was called in. And I was the one fired. Not him. (Gosh. Hadn't thought of THAT ONE in a few years or more)

You're probably going to be alright, though, having an affair.

Historically, bosses and subordinates have been having sex over the desk, under the desk and outside the office for as long as I've been aware of it and most of the time, it's alright. It's the one time that it's an issue that becomes the bitch.

But if you do have to ask, like a guy wrote above, you really have enough sense to keep your cock in your pants. Of course, you ARE in Austin.

They must put something in the water down there. Sexual feelings are always rampant in that part of the state.

Good luck,
Elisabeth
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Old 02-03-2012, 10:22 AM   #21
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Originally Posted by LBoog View Post
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......
Let me get this straight. She signed a Document which states you are playing. Is this suppose to serve as some sort of umbrella of protection from any legal recourse from the company in the event that you are discovered. Geesh what a cheesy romance.
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Old 02-03-2012, 10:47 AM   #22
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Wow that young lady will be proud of owning your firm before she even graduates!
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Old 02-03-2012, 10:48 AM   #23
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double post apologies
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Old 02-03-2012, 10:52 AM   #24
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Default An example for all to Heed

A young lady found her first job at a local greasy spoon and in the first week did a coworker and the manager after the joint closed for the day. The owner had a security camera monitoring the office and the after hours activities were recorded. He called in the participants, played the tapes, fired the three participants. The manager involved had been working there 15 years. He is still unemployed.
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Old 02-03-2012, 01:20 PM   #25
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Originally Posted by acp5762 View Post
Although I agree. I really think to fire two people for having a friendship outside of work the company will have to use Job performance as a final straw to dismiss you even if it's exaggerated. If an affair between two employees is that upsetting to the company, they aren't going to dismiss you on just those grounds. Not this day and age anyway. Employees have to many avenues of recourse.
If 2 people get into a sexual relationship and fire only one.. that fired person can file a lawsuit against the company for "bias'ed" termination. aka they were fired for having sex with a co-worker. So that rule only applies to just one? Nope..

Usually a company will fire both for the following reasons other than the sexual relation part

1) firing them saves the company money... no more salaries or bennies to pay
2) it makes them seem impartial and fair
3) any office gossip about the two who were sleeping around and now are fired dies down because they see that both are gone and can conclude that they were released... this serves as a warning to others


so barring the fact that firing only 1 can invite a lawsuit that could end up costing them 1-3 years worth of the fired person's salary in lump sum plus punitive damages it is cheaper to let BOTH go
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Old 02-03-2012, 04:55 PM   #26
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it will only become a HR issue if either of the parties involved go crying to HR. i worked at a local large company where an accountant (married) was fucking a guy in HR (who was also married). cleaning crews would find the womans panties in the guys waste basket in his office and everyone knew they were doing each other. BUT, no one really gave a shit so no problem. The problem will come up when one of the parties feels slighted and goes crying to HR.
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Old 02-03-2012, 05:17 PM   #27
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Quote:
Originally Posted by Spirit13 View Post
If 2 people get into a sexual relationship and fire only one.. that fired person can file a lawsuit against the company for "bias'ed" termination. aka they were fired for having sex with a co-worker. So that rule only applies to just one? Nope..

Usually a company will fire both for the following reasons other than the sexual relation part

1) firing them saves the company money... no more salaries or bennies to pay
2) it makes them seem impartial and fair
3) any office gossip about the two who were sleeping around and now are fired dies down because they see that both are gone and can conclude that they were released... this serves as a warning to others


so barring the fact that firing only 1 can invite a lawsuit that could end up costing them 1-3 years worth of the fired person's salary in lump sum plus punitive damages it is cheaper to let BOTH go
I don't think you got my drift. You can't fire one or both just on the grounds of two people having a mutual consensual relationship. Of course unless itcan be shown such a relationship is totally distrupting the operations of the company. Gossip isn't enough either. No one in HR is going to say "well you're being fired for having a love affair". But they can say and hopefully able to prove, that their termination is due to their relationship and it has affected the operations of the company adversely.
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Old 02-03-2012, 06:13 PM   #28
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Originally Posted by acp5762 View Post
I don't think you got my drift. You can't fire one or both just on the grounds of two people having a mutual consensual relationship. Of course unless itcan be shown such a relationship is totally distrupting the operations of the company. Gossip isn't enough either. No one in HR is going to say "well you're being fired for having a love affair". But they can say and hopefully able to prove, that their termination is due to their relationship and it has affected the operations of the company adversely.
AFAIK, Texas is still an at-will state, meaning the employer doesn't have to prove squat.
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Old 02-03-2012, 08:43 PM   #29
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AFAIK, Texas is still an at-will state, meaning the employer doesn't have to prove squat.
Well not all States are " At Will". But if you live in Texas, apparently it would be a good idea not to exert your overpowering " Male Prowess" at the water cooler when Hot Pants Nancy from Logistics comes by to fill her cup.
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Old 02-04-2012, 02:47 AM   #30
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Originally Posted by acp5762 View Post
I don't think you got my drift. You can't fire one or both just on the grounds of two people having a mutual consensual relationship. Of course unless itcan be shown such a relationship is totally distrupting the operations of the company. Gossip isn't enough either. No one in HR is going to say "well you're being fired for having a love affair". But they can say and hopefully able to prove, that their termination is due to their relationship and it has affected the operations of the company adversely.
1st, yes I am in Texas.. and we are an AT Will state..

2nd) if the company has a "no fraternization" policy, then out the door you go.

3rd) it does not have to be either one of them that goes crying to HR.. some 3rd party can go there and say "he/she is getting special treatment from the higher ranked person in the relationship"

or say "their affair is distracting to the office..." might not get them fired right off but enough complaints to HR and HR will do something.
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