Can a company be liable for putting a spouse in a position that leads to adultery and eventually divorce?

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Can a company be liable for putting a spouse in a position that leads to adultery and eventually divorce?

My wife previously worked at a major cable provider. She held 3 different positions while there. She worked in a call center, where she was constantly being threatened about performance. She moved to the retail lobby, where the same thing occurred. Leading to her taking her final position with the company where she met the man she eventually left me for. The stress, travel and long hours away from her husband and children drove her into the arms of another man. Her employer had the ability to monitor the interactions while on company time, but failed to do so properly. My wife had a well documented brain injury and neurological condition during this time. Her employer was made aware of the happenings but failed to do anything beyond notifying my wife that I had contacted them, which in turn caused a further divide between us. As a result, my children have suffered the undue stress and rigors of divorce. I personally have suffered an insurmountable amount of stress and financial burden as a result of the neglect by the employer. I want to know if they can be held accountable for the pain and suffering of my family.

Asked on September 19, 2017 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, they are not liable for your marital difficulties:
1) First, employment in this nation is "employment at will"--not only does that mean an employer can terminate an employee at any time, but it also means and employee can quit an unpleasant or stressful job whenever she likes. If the job was too stressful or the time away from home too extensive, your wife could have left and found other employment. She chose to stay; the employer is not liable for any consequences of her voluntary choice.
2) There is no causal link: stress and hours away from home do not cause marital discord or infidelity. Many people work long hours and/or travel extensively without having marital problems. (If stress and/or time away from home caused divorces, there would be no married soldiers or sailors--or traveling salesmen, or business consultants with clients who are not local, and very few married doctors or lawyers, for example.) Without a direct causal link, there is no liability.
3) An employer has no duty to preserve your marriage--it's simply not something required of them. Without a duty to do something, there is no liability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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