Can2 employees be fired for having a sexual relationship at work?

I manage a church owned daycare center and we recently found out that the CEO of the center is having a sexual relationship with a teacher at the center. How do we handle terminating them?This is a touchy subject and right now the CEO has been put on leave but she is still at the center. There is definite proof of the relationship in the form of emails, pictures, videos and letters and they both has admitted it. What can we do legally, can we fire them with out consequences?

Asked on December 6, 2011 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Because this is a sensitive area, you should consult with an employment attorney before doing anything. As a general matter:

1) the cleanest way to do this would be for violating a non-fraternization policy, if you have one--if you don't  have one, it won't help you now, but you should put it in place for the future;

2) it may be that this constitutes sexual discrimination, if you can show that the the teacher received more favorable treatment due to the sexual relationship; that could provide grounds for termination

3) if they have no employment contracts, they should be employees at will and could therefore be terminated at will

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