Can I be hired by my boyfriend in his businessif he partially owns it with his wife and they are in the process of divorcing?

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Can I be hired by my boyfriend in his businessif he partially owns it with his wife and they are in the process of divorcing?

He was married for 21 years and started dating me right before he left his wife and filed for divorce. We are still together after almost 10 months and someday plan on getting married. He is the president of his corporation, that his soon to be ex-wife is also part owner of, but barely puts any time or effort into the company. He now needs to hire another employee because he is losing a different one. I am highly qualified for the open position. Would it be okay for him to hire me just like he would any other qualified candidate?

Asked on June 2, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Two completely different issues here:

Can your boyfriend hire you? Definitely, as long as he has hiring authority for the business, which presumably he does.

Should he hire you? Probably not. If the divorce is not yet final, anything he does could potentially affect its outcome. Hiring his girlfriend with whom he was cheating (you say he was married, and not even separated or filing for divorce, when you met) for a position at a commpany which his wife also owns, will NOT help his case. For a more definitive answer, he should ask his divorce attorney about his specific situation (if he doesn't have one, he should get one right away), but it's almost certain the attorney would recommend against this.


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