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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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


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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