If your spouse gets a new job and then has an affair with his boss, can you sue the store for failing to detect or stop the affair?
If your spouse gets a new job and then has an affair with his boss, can you sue the store for failing to detect or stop the affair?
No. If employees engage in acts outside of the awareness of the employer, the employer cannot be held liable. If they knew, they may have disciplinary policies that they could impose (such as suspending or firing the employees), but even if they chose to keep the employees on the payroll the 'wronged spouse' would not have a cause of action.
Depending on the full facts, the spouse who had the affair may have a sexual harassment claim -- but even that presupposes sexual harassment or a 'hostile workplace', and it is possible to have an affair with your boss without his or her engaging in any actual sexual harassment or creating a hostile workplace; although employers may impose broad rules against such relationships in order to prevent the possibility of an abuse of power or authority.