when 2 co-workers have an A can the BS sure the company of employment of the 2 DS

[John Who]

Quick question a buddy of mine has been asking me if he can sue the company that his W works at where she was having a A?

 

Her and the OM never had sex at work,but they kissed at work a few times.

 

My buddy is in the process of D almost done,he wanted to know if he can sue,and if they can get fired.

[Geishawhelk]

Er......... No.

Don't think he can sue, unless the company has a definite clause on co-workers having a relationship, and they were aware of the relationship and did nothing about it.

 

This would also be grounds for their being fired.

But as the D. is almost final - what's the point?

[carhill]

Anyone can sue anyone for anything; all that is required is preparing a proper legal case.

 

What are the damages here? A judge would want to know that.

[John Who]

Well they had a affair for some time,which is why my buddy filed for D.

 

The workplace is where the affair took place at how it started up,and the owner of the company confronted the om and om denied it.

 

So it was left at that.

[carhill]

Scenario: A was discovered. W was fired without cause. W contributed to household income and support of children. Damages would be loss of income.

 

Lawsuits are about monetary damages. P&S are hard to substantiate, so actual damages have a better chance.

 

Does the couple reside in an at-fault state/jurisdiction?

[Trimmer]

Well they had a affair for some time,which is why my buddy filed for D.

 

The workplace is where the affair took place at how it started up,and the owner of the company confronted the om and om denied it.

 

So it was left at that.

So what was the company "supposed" to do that they failed at? What was their proper course of action that they didn't perform? And more specifically, since it would be your buddy filing suit, what was their duty to your buddy?

[Lizzie60]

OMG.. your buddy must be kidding..

 

Why is this the employer's fault ? Your buddy needs a life..

 

Employer is NOT a parent.. geezz...

 

Some losers will take any chance at sueing anyone for just about any stupid reasons.. really!

[Chinook]

The only way he could sue the company is if he was also an employee and he could prove that because the A took place at work, his workload suffered as a result. Seeing as I doubt that is the case, it's likely his case would be thrown out.

[mental_traveller]

Quick question a buddy of mine has been asking me if he can sue the company that his W works at where she was having a A?

 

Her and the OM never had sex at work,but they kissed at work a few times.

 

My buddy is in the process of D almost done,he wanted to know if he can sue,and if they can get fired.

 

Even if he can, it would be grotesquely immoral to do this. How are the company owners responsible for the conduct of your friends wife and the other guy, in their personal life?

 

Please, persuade your friend that this would be a disgustingly self-centered and unjust action, hurting innocent 3rd parties for no reason at all. As a small-business owner, if someone tried this nonsense, I would use all my resources, energy, and willpower to make the remainder of the person's life an utter hell if they tried this kind of ambulance chasing crap on me.

 

Important point for anyone considering a contentious/dodgy lawsuit - there are many ways to get messed up if you create a serious enemy, there are numerous ways your life can become miserable, ways that are totally legal to do, especially if your enemy is well-off (which most business owners are). And some people will be quite willing to resort to illegal methods if they feel you have been a total b'stard to them. Create enemies at your peril.

[Diamonds&Rust]

Even if he can, it would be grotesquely immoral to do this.

 

Civil law isn't about morality, it's about, as some mentioned earlier, civil damages.

 

I'd say get your hands on a company handbook. It should have specific rules about employee fraternization that were probably broken. The next step is getting documentation about the management intervention.

 

And, as always with legal questions, talk to a lawyer.

 

As a small-business owner, if someone tried this nonsense, I would use all my resources, energy, and willpower to make the remainder of the person's life an utter hell if they tried this kind of ambulance chasing crap on me.

 

The goal of a business is to secure profits. If you're wasting all of your business's energy trying to get even with someone, you're failing at that goal. Mature business-owners understand that frivolous lawsuits are a risk of doing business, and seek to minimize their damages, including making sure that they're not in the position to get sued in the first place.

 

Important point for anyone considering a contentious/dodgy lawsuit - there are many ways to get messed up if you create a serious enemy, there are numerous ways your life can become miserable, ways that are totally legal to do, especially if your enemy is well-off (which most business owners are). And some people will be quite willing to resort to illegal methods if they feel you have been a total b'stard to them. Create enemies at your peril.

 

:laugh:

[Trialbyfire]

I do know that if the company has a non-fraternization rule and your friend has irrefutable proof of a violation of such, he can get both the OM and the cheater, fired with cause.

[Trimmer]

So as carhill points out, it's not about "being able to sue", but rather about the likelihood of prevailing.

 

Civil law isn't about morality, it's about, as some mentioned earlier, civil damages.

Indeed, and in the same way as it is not about morality, it's also not about emotional, from the perspective that just because someone is aggrieved, doesn't guarantee them standing to bring an action. By what legal principle does the company owe the buddy a duty to prevent fraternization? What you're suggesting essentially amounts to an Ailienation of Affection lawsuit, only against the company instead of the other partner in the extramarital relationship. Do you see it taking any other form? AoA lawsuits are hard enough to bring against the direct participants in an affair; they are currently allowed in only about 8 states in the U.S. Do you really think there would be much chance of success bringing an AoA lawsuit against a company for "not preventing an affair?"

 

Now, if you are an employee whose advancement prospects are adversely affected by the improper relationship, then OK. Or if you are one of the employed parties in the relationship and you get retaliatory discrimination against you, then OK. But what legal standing does a non-employee spouse have against a company in this case?

 

I'd say get your hands on a company handbook. It should have specific rules about employee fraternization that were probably broken. The next step is getting documentation about the management intervention.

The existence of rules in a company handbook - by itself - doesn't create an obligation to outside parties. Certainly there could be rules which relate to obligations the company has to protect its employees or the public, etc., but the simple existence of rules in a handbook - or the fact of their being broken - doesn't, by itself, create grounds for legal action against the company from the outside.

 

And just how would you propose "getting your hands" on the company handbook? Especially if they understand that you are a hostile entity, they would probably have every right to hold it as proprietary. You would have no legal standing to demand one, unless you could convince a judge to subpoena it... Isn't this all getting a bit silly at this point?

 

Rules about fraternization are there to avoid actions between employees and the company around harrassment. To protect the company from the employees and the employees from the company. I ask again: can anyone show a precedent for a company being held liable to a non-employee spouse, for the breakdown of an employee's relationship/marriage by failing to prevent that employee from engaging in an extramarital relationship? I'm open to it if you can find an example...

 

And, as always with legal questions, talk to a lawyer.

The only solid legal advice - including mine - in this thread.

 

The goal of a business is to secure profits. If you're wasting all of your business's energy trying to get even with someone, you're failing at that goal. Mature business-owners understand that frivolous lawsuits are a risk of doing business...

So you agree that this would be a frivolous lawsuit?

 

I do know that if the company has a non-fraternization rule and your friend has irrefutable proof of a violation of such, he can get both the OM and the cheater, fired with cause.

Possibly true, but it would be adjudicated by the company, at their discretion and according to company procedures (and possibly whim), and the outside party would still not have a legal path to pursue or demand such a firing, nor appeal the company's failure to do so.

[Federica]

Very Good advice folks.

 

However, the OP has not greatly responded in this thread.

Las appearance on forum: 18th November.

Can re-open as necessary.

Thanks for all your efforts.