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Question

I slept with a co-workers wife and and he has threatned me and told everyone at work. I no longer feel that I can return to work. What legal actions do I have.

Submitted: 19 days and 1 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

Gender: Male
Age: 30

Already Tried:
Nothing yet, this only happened a few days ago.

Accepted Answer

Thank you for contacting our JA team for guidance.

The only legal action you may have against the co-worker is interference with business relations, but your case would be much stronger if you returned to work and were then terminated.

You could not sue for defamation since the statements are true, so this would be your only recourse against him. I am sorry you are being put in this very difficult situation.

Please let me know if you need additional information.


Best regards to you,

TG

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/4/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil

19 days and 1 hours ago.

Reply

Thank you for your answer, I put myself in this situation. He was a friend of mine and he has 2 kids to support so I do not want to do anything to jeopardize his employement. My manager has already said it would be difficult to work there and to not return to work he has put me on my remaining 80 hrs of vaction unless something is resolved. I can almost garuntee one of us would be terminated because of this but they would cover it up with something else. They have do this to other with different situations. He threatned me over the phone that I had better not be at work and that he might just come to my house and do it. He found out and called and told my girlfriend as well but that's besides the point. On top of all that he has do the samething in the past and I've know about it but feel it would bring up more problems if I just started confessing all his wrong doings.

Posted by Tina G, BBA, JD 19 days and 1 hours ago.

Answer

Yes. It's one of those things that we often wish we could take back although it is not likely his wife has nothing to do with it either. It is completely up to you whether or not to "spill the beans" about his wrongdoing, but if it's no longer occurring, probably best to leave it in the past since he has a family to provide for.

Life is full of difficult lessons. Hope you can obtain a new job without being unemployed for an extended period of time.

All the best to you!

19 days and 1 hours ago.

Reply

Tina, if I did return to work and was terminated. What rights do I have then? Thank you

Posted by Tina G, BBA, JD 19 days ago.

Answer

If you were terminated "for cause" (not showing up), you would not have a cause of action against the employer and your case against the co-worker would be much weaker since you quit basically so your damages would be limited.

If you showed up and were terminated, as long as you are an employee at will, you would still have no cause of action against the employer, but a stronger case against your co-worker.

You could file a petition for a restraining order against him, but that would eventually require that one of you leave your job or be terminated since such orders involve "no contact".

Good luck and take care!

Payment would be appreciated.
Thank you very much.

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