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  1. #1
    Join Date
    Mar 2008
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    10

    Unhappy Can I Sue My Husband's Work For His Cheating?

    I was married in 2003. Shortly after I saw signs that lead me to believe he might be cheating with women at his work. He works for an airline, as such, he is on the other side of airport security and has free flying priveledges. In 2005 after our child was born, I suspected he was having a relationship with another agent because she would contact him outside of work and every time there was a schedule change, they would end up working together. The last time being overnights where they were the only 2 people in their area! His station manager approved every change. I also discovered that they went on a trip together with other staff, two of which were station supervisors! He had claimed he was traveling for work, TDYing at another station. Well I knew his regional manager, because he and his wife attended our wedding, so I sent him a fax asking him to verify that he was sent there to work, and immediately after, my X was told to confess to me immediately that he had NOT been traveling for work, although he still continued to deny having any affair. Well, because we just had a baby, I did try to reconcile my marriage and the girl was eventually fired anyway. Well, in 2007 my husband was asked to TDY at another station because they were short-staffed. He was traveling back and forth for months, legitimately working at this other station. But I later discovered that he was also having an affair with the female station manager there! Because he was definitely working there, I would have never found out what was happening, but he botched up and I found a whole series of emails they had sent to each other, spouting their unending love for each other. The whole time I had continuously questioned him as to why he was going there so often, why they didn't need him back at his own station, etc. Well I later found out that his station manager and this female station manager even knew each other, they had lunch together at their station managers' convention. Basically, he had been allowed to travel there, the company sent him there. They paid for his hotel, flew him there, even reimbursed him for the meals they shared! My question is - aren't there any rules regarding their employees that should have been followed? Shouldn't someone have questioned why a married man with a child was being sent there for such extended periods, it's not like they didn't know he had a family? And why didn't he have to work at his own station? Who requested it and who signed off on it every time? It's not like he could make these decision on his own. Shouldn't someone have been supervising him? I know other people from his station did TDY there, but none of them for the amount of time he did... and one of the supervisors now at that station, was originally an employee of his station....so am I really supposed to believe that NOBODY knew what was going on that whole time? Eventually, the woman did get fired, and they both admitted they had the affair. Although she told me that he said he was already divorced and never mentioned our child. My husband and HIS station manager are still working for this airline. My husband even continues to travel for them. Meanwhile, after my husband was busted he skipped leaving me with a ton of debt, which I know even if the judge makes him responsible for half of it in the divorce, I've been told by the creditors if he doesn't pay, I'm still going to be held liable.... so I will probably have to file bankruptcy! I have FOUR kids! So my questions is, could I sue his company for some kind of negligence? or for Alienation of Affection? I live 2 miles from this airport... and I have to pass it everyday to get to work, and I am still very emotional about what happened to me and am so shocked how this was just allowed to happen! The airport is like Vegas, what happens on the other side of airline security! Shouldn't they be held responsible in some way, after all they knew about his previous incident with the other agent, they have been letting him get away with cheating, and others there are doing it too! It's just insane! And I'm the one paying the price for their lack of caring how their employees handle themselves! I have since found out that he also had a relationship with another agent he met at a training session!!! We are in Illinois, do I have any options???

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Can I Sue My Husband's Work For His Cheating?

    I don't think you have much chance of prevailing in arguing that your husband's employer is responsible for his marital infidelity.

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Can I Sue My Husband's Work For His Cheating?

    The company may have a policy in place about employee relationships, but having a policy in place doesn't make them liable for the wrong doing that the two of them did.

    Also, just because people knew, doesn't mean they had a duty to tell you about it.

    Why aren't you considering going after her? Although Illinois "Alienation of Affection" law is very limited:

    (740 ILCS 5/0.01) (from Ch. 40, par. 1900)
    Sec. 0.01. Short title. This Act may be cited as the Alienation of Affections Act.
    (Source: P.A. 86‑1324.)


    (740 ILCS 5/1) (from Ch. 40, par. 1901)
    Sec. 1. It is hereby declared, as a matter of legislative determination, that the remedy heretofore provided by law for the enforcement of the action for alienation of affections has been subjected to grave abuses and has been used as an instrument for blackmail by unscrupulous persons for their unjust enrichment, due to the indefiniteness of the damages recoverable in such actions and the consequent fear of persons threatened with such actions that exorbitant damages might be assessed against them. It is also hereby declared that the award of monetary damages in such actions is ineffective as a recompense for genuine mental or emotional distress. Accordingly, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by limiting the damages recoverable in such actions and by leaving any punishment of wrongdoers guilty of alienation of affections to proceedings under the criminal laws of the state, rather than to the imposition of punitive, exemplary, vindictive, or aggravated damages in actions for alienation of affections. Consequently, in the public interest, the necessity for the enactment of this chapter is hereby declared as a matter of legislative determination.
    (Source: Laws 1947, p. 796.)


    (740 ILCS 5/2) (from Ch. 40, par. 1902)
    Sec. 2. The damages to be recovered in any action for alienation of affections shall be limited to the actual damages sustained as a result of the injury complained of.
    (Source: Laws 1947, p. 796.)


    (740 ILCS 5/3) (from Ch. 40, par. 1903)
    Sec. 3. No punitive, exemplary, vindictive or aggravated damages shall be allowed in any action for alienation of affections.
    (Source: Laws 1947, p. 796.)


    (740 ILCS 5/4) (from Ch. 40, par. 1904)
    Sec. 4. In determining the damages to be allowed in any action for alienation of affections, none of the following elements shall be considered: the wealth or position of defendant or the defendant's prospects of wealth or position; mental anguish suffered by plaintiff; any injury to plaintiff's feelings; shame, humiliation, sorrow or mortification suffered by plaintiff; defamation or injury to the good name or character of plaintiff or his or her spouse resulting from the alienation of affections complained of; or dishonor to plaintiff's family resulting from the alienation of affections.
    (Source: Laws 1947, p. 796.)


    (740 ILCS 5/5) (from Ch. 40, par. 1905)
    Sec. 5. This act shall apply to all actions for alienation of affections begun after the effective date of this act, even though the alleged alienations of affections on which the action is based occurred prior to such effective date.
    (Source: Laws 1947, p. 796.)


    (740 ILCS 5/6) (from Ch. 40, par. 1906)
    Sec. 6. Nothing herein contained shall be deemed to repeal or amend any provisions of the criminal laws of this state.
    (Source: Laws 1947, p. 796.)


    (740 ILCS 5/7) (from Ch. 40, par. 1907)
    Sec. 7. This act shall be liberally construed to effectuate the objects and purposes thereof and the public policy as herein declared. If any section, clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. If the application of this act, or any part thereof, to any person or circumstance shall be adjudged by such court to be invalid or ineffectual for any reason, such judgment shall not affect the application of this act, or part thereof, to any other person or circumstance.

  4. #4
    Join Date
    Mar 2008
    Posts
    10

    Default Re: Can I Sue My Husband's Work For His Cheating?

    I'm not necessarily saying they are responsible, they were obviously responsible. But Management was involved in letting it happen, practically helping him to keep it going. She was a Station Manager, she was the head of her station and she requested him to go there. And HIS Station Manager then APPROVED it, allowing him the freedom to go there instead of working at his own station, doing the job he was hired for... Apparently my X does personal things for him like wash his car, moved his furniture, he valets his car for him so he doesn't have to shuttle from the employee parking lot, I even ran into them shopping together at the Cosco while we were married...and other ridiculous stuff. His BOSS is his friend... so he what... LET'S HIM CHEAT ON THE COMPANY'S DIME??? And when my X went off vacationing with the first girl, his Supervisors were physically there with them in Florida - partying for Spring Break, so is this just acceptable company behavior??? Everyone at his station knew he was married with a new baby! I'm not saying they should have told me, but they shouldn't have been allowing him all this freedom, he is not a supervisor, his is not a manager, he is just a really good kiss @ss apparently. I wasn't considering going after her, only because she did get fired, and she is a single mom with 4 kids herself, so she got screwed too!

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Sue My Husband's Work For His Cheating?

    Your husband is an adult and is responsible for his own actions. Attempting to blame his employer because they didn't stop him is pointless and would be a waste of money. They are no more legally responsible for what he does than the man in the moon.

  6. #6
    Join Date
    Mar 2008
    Posts
    10

    Default Re: Can I Sue My Husband's Work For His Cheating?

    Also, airline employees have to bid for their schedules. With the first girl, he had some seniority and she was new, so had NO seniority. They would still bid for the same schedules and his supervisors and the station manager would then have to approve it. Every shift they bid matched. The last bid they did together was for overnights, which basically allowed them to be completely ALONE in their station all night! This was AFTER they all went on the trip together, so his Supervisors knew about the relationship. These are his Management, his bosses, they basically helped him cheat on his wife.

  7. #7
    panther10758 Guest

    Default Re: Can I Sue My Husband's Work For His Cheating?

    Dee your not listenning to what your being told. His employer cannot be held accountable for your husbands poor choices

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Sue My Husband's Work For His Cheating?

    Dee, please pay careful attention.

    No. You cannot sue your husband's employer.

    No matter how much you want to hold them responsible, the law does not. This answer is not going to change no matter how many times you come back with, But they...

    Your husband's employer has NO responsibility for his infidelity under the law.

  9. #9
    Join Date
    Jul 2006
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  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Can I Sue My Husband's Work For His Cheating?


    That was an excellent citation!!

    I was getting ready to post my thoughts about the Law of Agency, etc. but read the case first, so my thoughts are moot!!

    I am quite sympathetic with you also Deeisme, but many times there is no legal remedy for "hurt", as this is why only a handful of states still recognize this tort and also criminal conversation, your typical "heart balm' torts.

    I will readily admit some states still have adultery on the criminal books, but I do not know if ILL is one, and even if it is, prosecutions for such are "extremely rare"!!

    Best wishes.

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