Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
Do you have an employment contract stating that you can only be terminated for cause?
Ok. Two issues here.
The fact that you may be having an extra martial affair does not really fit the definition of "hostile work environment." The Supreme Court gives us the definition of that, which requires severe harassment based on a person's race, religion, gender, age, disability or FMLA use. So, if you were having an affair AND demanding that all women in the office also engage in sexual relations with you, then we'd be talking about a hostile work environment.
That being said, without an employment contract you are an "at will" employee. That means that, legally speaking, they don't need a good reason to fire you or request your resignation. So, to address just your question "can they ask me to resign?" yes they can, but it really has nothing to do with whether or not you may be having an extra-marital affair. It has more to do with that fact that they can ask you to resign anytime they want.
All that said, don't resign. Make them fire you so that you get unemployment. An extra-marital affair outside of the office is not considered misconduct sufficient to block your unemployment.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).