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  1. #1
    Join Date
    Jul 2007
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    Florida
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    Default Re: Boss Suggested that an Employee Resign After Ending an Affair

    I concur completely with the above. Just because you have no role in interacting with the company does not mean you have no role in helping your wife deal with the situation. That's just crazy. If my wife was about to lose her job for an illegal reason you bet I'd be finding the best employment / civil rights lawyer for her that I could.

    While I wouldn't "condone" assaulting the guy, I don't think you've harmed your wife's position. That was between you and him. He would have to convince a court or administrative hearing officer that your wife's firing did not have anything to do with the ending of the affair he was having with her. He's in a tough spot on that one regardless of what you've done.

  2. #2
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    Default Re: Boss Suggested that an Employee Resign After Ending an Affair

    Quote Quoting Bubba Jimmy
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    I concur completely with the above. Just because you have no role in interacting with the company does not mean you have no role in helping your wife deal with the situation. That's just crazy. If my wife was about to lose her job for an illegal reason you bet I'd be finding the best employment / civil rights lawyer for her that I could.

    While I wouldn't "condone" assaulting the guy, I don't think you've harmed your wife's position. That was between you and him. He would have to convince a court or administrative hearing officer that your wife's firing did not have anything to do with the ending of the affair he was having with her. He's in a tough spot on that one regardless of what you've done.

    Surely it'd be the wife who would have to prove her case? He can't prove a negative. Then again, "I was assaulted by her husband" is a perfectly valid reason to get rid of her - legally.

  3. #3
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    Default Re: Boss Suggested that an Employee Resign After Ending an Affair

    He may or may not have harmed his wife's position at this point - but MY point is that if he does anything further, he's almost certain to do so.

  4. #4
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    Default Re: Boss Suggested that an Employee Resign After Ending an Affair

    Quote Quoting Dogmatique
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    Then again, "I was assaulted by her husband" is a perfectly valid reason to get rid of her - legally.
    If that was the entire story, you might be right, though I'm not sure what statutory or common law legal basis there is to fire an employee because of independent actions of a non-employee, particularly when there may have been sufficient (in the minds of a judge or jury) provocation. On the other hand, when an employee says "I was sleeping with him, and when I stopped he fired me" how do you suppose any employer goes about proving the negative that that was not the reason? Legal proof can certainly be based on such inferences.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
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    Default Re: Boss Suggested that an Employee Resign After Ending an Affair

    I'm not sure what statutory or common law legal basis there is to fire an employee because of independent actions of a non-employee,

    Google, at will employment. There doesn't have to be a law giving the employer permission to fire an employee because of the actions of a non-employee; it's enough that there isn't a law that says they can't.

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