I work at a small companyowned by my father-in-law, if my wife and I divorce is there anything I can do to protect my job?

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I work at a small companyowned by my father-in-law, if my wife and I divorce is there anything I can do to protect my job?

Asked on July 30, 2011 Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have an employment contract? If not, now might be a good time to get one. Also, are you covered by a union agreement? What does company policy say about reasons for termination? Unless one of the foregoing prohibits your outright discharge, you really have no protection here. That is unless you are the victim of some form of discrimination (based on age, race, religion, gender, etc); however nothing you write suggests that you are.

The fact is that an "at will" employer can hire and fire, as well as impose the terms of employment, as it sees fit. This means that an employee can be fired for any reason, even a bad one, or no reason at all (with or without notice).

Bottom line, I would look for another position or try to reconcile with my spouse.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have an employment contract? If not, now might be a good time to get one. Also, are you covered by a union agreement? What does company policy say about reasons for termination? Unless one of the foregoing prohibits your outright discharge, you really have no protection here. That is unless you are the victim of some form of discrimination (based on age, race, religion, gender, etc); however nothing you write suggests that you are.

The fact is that an "at will" employer can hire and fire, as well as impose the terms of employment, as it sees fit. This means that an employee can be fired for any reason, even a bad one, or no reason at all (with or without notice).

Bottom line, I would look for another position or try to reconcile with my spouse.


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