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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11780
Experience:  JD, MBA
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How does the contact order stay in place? its actually been

Customer Question

How long does the contact order stay in place? its actually been almost 6 months and Ive heard nothing about it. It has actually prevented me from getting an interview for a promotion.
Submitted: 7 days ago.
Category: Employment Law
Customer: replied 7 days ago.
The questions was about the employer putting a no contact order on me and my exgirlfriend. we both still work there and its been 6 months now. Here is the previous conversation we had about it. The site wouldnt allow me to reply to you.) (Me and my ex girlfriend work in the same building. She falsely accused me of holding her hostage with a gun making her late for work. She was late cause she couldn't find her phone. She was cheating and didn't want me to find out. She moved out but we still have a lease to deal with. I know the employer can say no contact during work, but they don't have the authority to say so on our personal time from what I know.. Only a judge can do that. The manager called it "no contact order". They don't have the authority. That's over stepping boundaries in our personal life.
13 June 2016 11:08
TJ, Esq. TJ, Esq.
Employment Lawyer
Hi again. Thanks for the additional info.While the employer's "no contact" requirement has no legal effect whatsoever, your employer can lawfully terminate you if you were to contact your ex even when outside of work. So, although your employer can do nothing to you from a legal standpoint, it does have leverage if you intend to keep your job. Unfortunately, that is the essence of at-will employment. Just as you can quit for any reason, your employer can fire you for any reason (except due to your race, religion, gender, etc.). Accordingly, your employer can fire you for contacting your ex while outside the office.I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.13 June 2016 11:15
Ok but what about the lease?
13 June 2016 11:51
TJ, Esq. TJ, Esq.
Employment Lawyer
Hi again. What's your question about the lease?
14 June 2016 02:01
How do we get out of it if and communicate if there is a no contact order
14 June 2016 02:29
TJ, Esq. TJ, Esq.
Employment Lawyer
Hi again.I'm sorry to say that from a legal perspective, your employer's requirement that you not contact your ex is not a valid reason to force the landlord to let you out of the lease. The employer's requirement has no affect on the lease at all. It's no different than if you have a car loan for a red car, and your employer declared that no employee may drive a red car. The bank that loaned you the money isn't going to care about your employer's declaration. It will want its money, just as the landlord will want his money.If I were in your shoes, I would go to HR and explain that you two live together, and that you cannot simply ignore the lease just because of the employer's requirement that you have no contact. Hopefully, the employer will understand that it needs to give in a little with regard to the order.
Expert:  TJ, Esq. replied 7 days ago.

Hi again.

The employer's order can remain in place for as long as the employer would like. If you wish to inquire about it, then you should talk to your manager, ask when or if it will end, and explain how it has caused you problems regarding the interview for the promotion. I would ask the manager for a solution.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 7 days ago.
Somethin about that doesn't seem accurate and I know it's a better answer than that.
Customer: replied 7 days ago.
You say that like I can trust these people and that employers don't lie. Why would they lift a no contact order if I filed eeoc and all those complaints against them. Obviously it's apart of their retaliation against me. I believe there is a better answer than that.
Expert:  TJ, Esq. replied 7 days ago.
Hi again.You seem to be assuming in have more knowledge about the situation than I actually have. For example, this is the first I have heard about an EEOC complaint.
Customer: replied 3 days ago.
sir I have previously filed an eeoc complaint for disability and gender discrimination. They violated my fmla rights and punished me for my medical condition. With several other violations of fmla. They had to give me my job back and continued to harrass me so I also filed retaliation. My girlfriend works there too and we started having relationship problems and she told them I held her hostage with a waepon... ( supposedly told them that) it all happened 6 months. I turned in a rebuttle the next day with the facts. No police reports made and I mentioned that in the rebuttle. They said the contact order was for the ongoing investigation. I think 6 months is enough time to conduct the investigation if there is one. Either way I just want it lifted because it already caused me a promotion. I was not recommended by HR. I have no discipline and I'm more qualified than the other applicant's. Plus I'm a 10 point veteran.