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  1. #1
    Join Date
    Jun 2006
    Location
    Iowa
    Posts
    13

    Default Concerned About Retaliation

    My question involves labor and employment law for the state of: Iowa

    I asked a similar question awhile ago but that was when I wasn't *sure* my co-workers were having an affair - well now I'm sure! I had suspicions that my co-worker (she isn't really even a co-worker she is a temporary employee) and my former manager (also sits right by us) are having an affair. Well today that suspicion - unfortunately - was confirmed. I am in somewhat of a predicament and am not sure what to do. I know they email each other all day long on company email - which would be easy for the company to pull up as proof. Today I actually saw them kissing in his cube. I can see into his cube by the reflection of glass behind our desks - she bent over and kissed him there was no mistake about it.

    Now before everyone starts in on the - it's none of your business banter - let me explain why it is. FIRST - she's a temp and she was hired to help my department. I've worked here three years - she just graduated - I've been requesting to do web work the entire time including recently. Well since this girl is apparently involved romantically with our web manager (yep that's what he is) SHE all of a sudden gets all of these web software programs like Flash and Dreamweaver to "help him". Well, myboss was even upset that this guy went over her head and just gave the programs to the temp but my boss doesn't seem to be doing anything about it either. Well, I take that back - she *did* tell the temp that she would not be using Dreamweaver but did allow her to use Flash. At least - that's what I was told by my boss.

    When I asked my boss why she thought those programs were all of a sudden bestowed upon this temp without me ever knowing anything about it she said that "it was determined" that this temp had more experience than I did. When I asked who it was determined by since I was never asked about my experience in web design she gave me a blank stare and had no answer. So I don't know. I'm really mad that there was no interview process or anything - and you can't tell me that some kid who just graduated has more experience than me in anything. Not to mention this girl is a TEMP she isn't even a real employee. It boggles my mind - really.

    The thing is - I am going to quit soon anyway as I've been made an offer by another company. I've already told my boss I have an offer on the table but I haven't given an answer yet to the other company (yes it was a stupid power play move that I won't repeat in the future). Unfortunately this other job doesn't start until March and now with some things I've read, and considering what I know (my boss also suspects these two of having an affair) and my boss knows I know, I am a little worried that if I tell her I accepted the position she might just say - ok well see ya! And end my employment early.

    So should I just ignore this whole affair thing since it won't be my problem soon and cross my fingers that they don't lay me off before my notice ends... OR would it be a smarter move for me to mention this affair to HR? I'm thinking that if I file a formal complaint to HR they at least wouldn't be able to fire or lay me off now that they know I'm leaving anyway because I'd be in the complaint process. Not to mention I don't like that people just get away with that kind of crap. I don't know - it's really complicated. Or would filing a complaint with HR just make a bigger mess for me to deal with? Or could they fire me anyway even if I have filed a complaint? I'm just worried about retaliation for - anything - at this point.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Concerned About Retaliation

    Quote Quoting ctinaw
    View Post
    ...
    So should I just ignore this whole affair thing
    ...
    ...
    Yes.
    ...

  3. #3
    Join Date
    Jun 2006
    Location
    Iowa
    Posts
    13

    Default Re: Concerned About Retaliation

    *sigh* you're probably right though I hate to admit it. i think i may just have to accept that there are no guarantees no matter what I do in this situation. any other advice is welcome.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Concerned About Retaliation

    You do realize that even if you are 100% right about them having an affair that is not illegal, that you have no legal recourse, and that if you were fired for reporting it, it would be a legal termination, right?

    There is only one state where there is any case law that might protect you, and that state is not Iowa. In 49 out of 50 states, including Iowa, if the employer wants to make this kind of bad decision that's his problem. This does not constitute illegal discrimination.

  5. #5
    Join Date
    Jun 2006
    Location
    Iowa
    Posts
    13

    Default Re: Concerned About Retaliation

    Quote Quoting cbg
    View Post
    You do realize that even if you are 100% right about them having an affair that is not illegal, that you have no legal recourse, and that if you were fired for reporting it, it would be a legal termination, right?

    There is only one state where there is any case law that might protect you, and that state is not Iowa. In 49 out of 50 states, including Iowa, if the employer wants to make this kind of bad decision that's his problem. This does not constitute illegal discrimination.
    Yes, I am aware. I'm not sure my employer would fire me based on this (key words there being "I'm not sure") - in fact I'm almost certain because she's a temp that she'd be the one to go. I thought though that MAYBE since I was making a complaint they actually couldn't fire me because it might be considered retaliation - but since it's not a case of me being a protected class well - maybe they could.

    I assume you're referring to California Supreme Court's Miller vs Department of Corrections. This was obviously a much more extreme case than what I and most people encounter in office affairs. However..."The EEOC's Policy Guidance on Employer Liability Under Title VII for Sexual Favoritism cited by the California Supreme Court in its decision is consistent with the Miller holding that both male and female employees who are not direct victims of sexual conduct may nevertheless raise sexual harassment claims where the favoritism is considered severe and pervasive (thus creating a hostile work environment), and where co-workers are denied employment benefits as a result."(1)

    I suppose I wouldn't say the favoritism is "severe or pervasive". There is only one person so far being affected by the favoritism negatively and that's me. She's definitely gotten benefits which I should have gotten based on my experience vs. hers. I don't know. I'm sure it's a weak case and I'd probably end up just sounding like I was jealous somehow that she got those programs and not me - some might even suspect I was making the whole thing up.

    All in all I'm mostly venting. I shouldn't care as I'm moving on soon but I do. My parents divorced because of an office affair and both of these people are married - one with two kids. I don't know how people can care so little about their families. And both of these people at one time I thought I knew and would have considered them "office-friends". I'm just very disappointed. So again - all personal reasons that have nothing to do with the law. Maybe I just need an Oprah forum instead

    Thanks guys.

    (1) http://www.sonnenschein.com/pubs/e-a...Can_Sue_f.html

  6. #6
    Join Date
    May 2008
    Posts
    20

    Default Re: Concerned About Retaliation

    My parents were divorced over an inter-office affair, too. I'll probably get permanently banned for saying this, but.... maybe an anonymous note to one of the spouses couldn't hurt (maybe not both because then they may figure out it's you). I wish someone would have told my mom before it was too late (that temp is now my step-mom)! Just be careful that it doesn't come back to you.

    For all those that want to hang me....well, what if you were the spouse???

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