Companys can not stop employees from dating each other
Companys can not stop employees from dating each other - who is nicky whelan dating
Two of my coworkers have warned me to be careful, as there have just been rumors of people in the past possibly having relations and the woman was always the one to be terminated.It is indeed legal to prohibit dating between coworkers (with a few exceptions, such as in California, where courts have ruled that the state constitution provides broader privacy protection in employment matters).
In a better scenario, coworkers would find it easier to claim that an employee received preferential treatment from a supervisor he or she is dating.
And you can indeed have a policy that requires one of the parties to move on if a relationship happens.
What’s not legal, though, is to always have women be the ones who have to leave.
" While the answer to the first question is pretty simple, the answer to the latter is less obvious.
The legal issue is what I like to call the "amplification" of potential liability that always exists around the employer-employee relationship.
He says: “As for reasonable suspicion, the law does not impose any sort of standard that the employer must meet before taking action.
That is to say, the employer does not need admissions from the employees, or explicit emails, or video evidence.
The employer can act on its suspicions and circumstantial evidence.” This is basically the same as if your employer suspected you of violating any other policy (or even doing something they didn’t like, whether prohibited by a policy or not): If, for instance, your employer suspected you of being rude to clients or watching too much You Tube at your desk, they wouldn’t need to present you with evidence. In this case, though, Bryan goes on to say that they’d still be wise to only act if they have solid evidence: “Acting on flimsy suspicions would only serve to alienate employees, lower morale because they fear ‘big brother’ is prying into their personal lives, and risk losing good and loyal employees without a good reason.
If an employee was let go under this policy without solid evidence and that employee came back and alleged the real reason for the discharge was gender, race, age, etc., then the employer would have a weak defense since its ‘legitimate business reason’ for the termination was so flimsy.” So there are the facts on legality. From the employer’s side, there are all kinds of reasons not to want couples in your organization — but banning dating upon penalty of firing is a very old-fashioned policy and out of touch with how most modern workplaces operate.
Just last month, Gary Friedman, the chief executive of Restoration Hardware, stepped down in the middle of the company's public offering. A couple years ago, Hewlett-Packard's chief executive, Mike Hurd, resigned amid accusations of falsifying expense reports to hide a personal relationship with an independent contractor.
The reason: an internal inquiry into his relationship with a 26-year-old female employee. As companies grow and add employees, you will often see signs of budding workplace relationships.
But a lot of companies don't let the rank and file decide--they adopt policies that ban or limit workplace dating--all in the name of lowering liability.