Can 2 employees be fired for having a relationship?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can 2 employees be fired for having a relationship?

We’ve already been together without problem there for the last 1 1/2 years and neither of us is in a management position. The new administrator fired her without giving any warning after learning about us the day prior, while off-hours. Neither the previous administrator, nor this current administrator, had a non-fraternization policy (written or otherwise) in place, never mind training or even a handbook on the matter. Was she in her rights to let us go?

Asked on March 3, 2012 under Employment Labor Law, Massachusetts

Answers:

Michael Freilich / Freilich Law

Answered 12 years ago | Contributor

1. Did you sign an employment agreement? If the employment agreement itself is silent about this type of behavior, is there an employee manual which describes what behaviors are okay and those which are not? Is there a union? If there is a union and its your girlfriend is a member of the union she may have certain rights are derivative of the union contract with the employer. The general rule is in Maryland that absent a contractual reason or grounds to the contrary, employment is "at will." In "at will" employment relationship an employee can be terminated at any time without cause. So, a search needs to be done to find out what, if anything, may take this out of the "at will" general rule. Depending upon the size of your employer, and certain other factors, there may be other grounds which the employee has to either challenge the termination, or to file suit. Obviously, more facts are needed, and this is genuinely a very fact intensive type of situation so that what it vests expressed here is some generalities which may guide you somewhat. This is not legal advice upon which you can rely, just a very rough first look. The response to this does not create an attorney-client relationship


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption