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  1. #1
    Join Date
    Dec 2016
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    1

    Default Can a Husband Sue His Wife's Employer Over Her Workplace Affair

    My question involves labor and employment law for the state of: New York.

    Hello, a married friend of mine became involved in an affair with another married co-worker in 2013. At that point in time, he discussed the relationship with his supervisor. He was promoted twice and is now a manager at the same facility. His relationship does not directly report to or through him. It was and is well known that these two people were together and they are very discreet and have never done anything problematic in the workplace.

    The woman's husband has known about the affair for the past several years. His wife for about a year. He is going to split with her amicably, but her husband is determined to go scorched earth, since the affair has escalated. Her husband has also been psychologically abusive, with threats, as well as, making her sleep in their camper. He is a lawyer.

    Anyway, he showed up at her workplace a few days ago, which in turn got her to contact the site's security manager. He made contact with the husband and told him he was not permitted back on site. He is very agitated and texted her this yesterday:

    "I am going to send a letter to the site director. I am going to set forth your behavior and his. I will talk about how it started as sexual harassment and proceeded into an affair. I will talk about how openly it was carried out and that managers and supervisors had to be aware. I will tell them that I am contemplating a lawsuit against <company> (true) alleging inadequate training, policy, and supervision regarding relations in the workplace. I will say that they promote/allow a licentious atmosphere which causes and uncomfortable workplace for many. I will mention the use of your company email to carry on an affair at the time. It will take me some time to research and draft the lawsuit. The letter will go out Tuesday."

    I understand that if the letter is to be sent, then so be it. I don't think that will impact too much about their employment because of the initial disclosure and that the affair was well known and almost accepted.

    My question is regarding the lawsuit aspect... Dos that have any merits? Can a spouse sue for inadequate training of his wife? OR is this more likely smoke to upset and hurt her?

    Thank you for any information on this matter.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Workplace Affair - Threats

    Motion to dismiss. Failure to state a cause of action. I don't think he has standing to sue the company.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Workplace Affair - Threats

    Quote Quoting minky
    View Post
    My question involves labor and employment law for the state of: New York.

    Hello, a married friend of mine became involved in an affair with another married co-worker in 2013. At that point in time, he discussed the relationship with his supervisor. He was promoted twice and is now a manager at the same facility. His relationship does not directly report to or through him. It was and is well known that these two people were together and they are very discreet and have never done anything problematic in the workplace.

    The woman's husband has known about the affair for the past several years. His wife for about a year. He is going to split with her amicably, but her husband is determined to go scorched earth, since the affair has escalated. Her husband has also been psychologically abusive, with threats, as well as, making her sleep in their camper. He is a lawyer.

    Anyway, he showed up at her workplace a few days ago, which in turn got her to contact the site's security manager. He made contact with the husband and told him he was not permitted back on site. He is very agitated and texted her this yesterday:

    "I am going to send a letter to the site director. I am going to set forth your behavior and his. I will talk about how it started as sexual harassment and proceeded into an affair. I will talk about how openly it was carried out and that managers and supervisors had to be aware. I will tell them that I am contemplating a lawsuit against <company> (true) alleging inadequate training, policy, and supervision regarding relations in the workplace. I will say that they promote/allow a licentious atmosphere which causes and uncomfortable workplace for many. I will mention the use of your company email to carry on an affair at the time. It will take me some time to research and draft the lawsuit. The letter will go out Tuesday."

    I understand that if the letter is to be sent, then so be it. I don't think that will impact too much about their employment because of the initial disclosure and that the affair was well known and almost accepted.

    My question is regarding the lawsuit aspect... Dos that have any merits? Can a spouse sue for inadequate training of his wife? OR is this more likely smoke to upset and hurt her?

    Thank you for any information on this matter.
    I would say that its more likely smoke to upset and hurt her. HOWEVER a scorned spouse can get pretty crazy and stupid sometimes, and this particular scorned spouse is an attorney so he can represent himself. If he doesn't calm down and start thinking about how much a fool he would make of himself in court, if he actually attempts to pursue this, then he might get stupid enough to file the suit.

    I definitely do not think that he could win the suit. His entire case (as he described it) would be based on it initially being sexual harassment and he absolutely cannot prove that element at all. Neither reports to or through the other therefore it could not be sexual harassment. On top of that, its never sexual harassment unless the person allegedly being harassed does not want the attention. On top of THAT, the company is not liable for the behavior unless the person who is allegedly being harassed complains about it to the company and the company does nothing to resolve the issue.

    So, all in all he has nothing to base a case on.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Workplace Affair - Threats

    Unless an employee involved in the matter views it as sexual harasssment , there is no sexual harasssment. An aggrieved party must make the complaint. The husband has no standing to take any action here.

    The husband will do a very good job of making himself look like an ass and maybe even a cuckold as he was fully aware of the affair and condoned it, even if only by acquiescence. If he wishes to make himself the laughing stock at the company and the legal circles in his area, he can send the letter.

  5. #5
    Join Date
    Jun 2010
    Posts
    671

    Default Re: Workplace Affair - Threats

    MYOB, frankly. No good will come of your involvement.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Husband Sue His Wife's Employer Over Her Workplace Affair

    Quote Quoting minky
    View Post
    My question involves labor and employment law for the state of: New York.

    Hello, a married friend of mine became involved in an affair with another married co-worker in 2013. At that point in time, he discussed the relationship with his supervisor. He was promoted twice and is now a manager at the same facility. His relationship does not directly report to or through him. It was and is well known that these two people were together and they are very discreet and have never done anything problematic in the workplace.

    The woman's husband has known about the affair for the past several years. His wife for about a year. He is going to split with her amicably, but her husband is determined to go scorched earth, since the affair has escalated. Her husband has also been psychologically abusive, with threats, as well as, making her sleep in their camper. He is a lawyer.

    Anyway, he showed up at her workplace a few days ago, which in turn got her to contact the site's security manager. He made contact with the husband and told him he was not permitted back on site. He is very agitated and texted her this yesterday:

    "I am going to send a letter to the site director. I am going to set forth your behavior and his. I will talk about how it started as sexual harassment and proceeded into an affair. I will talk about how openly it was carried out and that managers and supervisors had to be aware. I will tell them that I am contemplating a lawsuit against <company> (true) alleging inadequate training, policy, and supervision regarding relations in the workplace. I will say that they promote/allow a licentious atmosphere which causes and uncomfortable workplace for many. I will mention the use of your company email to carry on an affair at the time. It will take me some time to research and draft the lawsuit. The letter will go out Tuesday."

    I understand that if the letter is to be sent, then so be it. I don't think that will impact too much about their employment because of the initial disclosure and that the affair was well known and almost accepted.

    My question is regarding the lawsuit aspect... Dos that have any merits? Can a spouse sue for inadequate training of his wife? OR is this more likely smoke to upset and hurt her?

    Thank you for any information on this matter.
    Any attorney who sends out that kind of garbage needs to return his bar card back post haste.

    What an idiot.

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Husband Sue His Wife's Employer Over Her Workplace Affair

    Quote Quoting minky
    View Post
    I will tell them that I am contemplating a lawsuit against <company> (true) alleging inadequate training, policy, and supervision regarding relations in the workplace. I will say that they promote/allow a licentious atmosphere which causes and uncomfortable workplace for many. I will mention the use of your company email to carry on an affair at the time. It will take me some time to research and draft the lawsuit. The letter will go out Tuesday."

    I understand that if the letter is to be sent, then so be it. I don't think that will impact too much about their employment because of the initial disclosure and that the affair was well known and almost accepted.

    My question is regarding the lawsuit aspect... Dos that have any merits? Can a spouse sue for inadequate training of his wife? OR is this more likely smoke to upset and hurt her?

    Thank you for any information on this matter.

    The cause of action he described, which is essentially a sexual harassment kind of claim, he does not have standing to bring as he is not an employee of the firm affected by the affair. But, if he were smart and really intent to do something like this, he might try to recruit an employee in the office where the two worked and represent that employee in a sexual harassment lawsuit. That would be harder to get rid of.

    You did not say in what state the married couple live and, if different, the state where the affair took place. A few states still have causes of action for adultery or criminal conversation that he could use to sue his wife’s lover and, if he’s creative, he could perhaps include the employer in the lawsuit as well under the doctrine of respondeat superior.

    So while the particular claim stated would be a complete nonstarter, if he is a good lawyer and gets creative, he might be able to find something that would stick long enough to cost the company money and cause it embarrassment — and that might be enough for the company to cut one or both of this couple loose.

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