California Employment Law

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I work company and the dept. which I am currently working in…

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I work for a company...
I work for a company and the dept. which I am currently working in is relocating to another location which I am unable to travel to. My boyfriend and I work in the same department, and have been dating/working together for 6 years. We spoke the supervisor of another department (that is not relocating) and he wants to hire both of us to start immediately. Our current supervisor disclosed to HR that we are in a relationship and HR doesn't want to transfer us both but the policy doesn't explicitly state we cannot work together."
A romantic or sexual relationship between the following individuals violates this policy:
 Employee and Direct Supervisor;  Employee and Indirect Supervisor;  Employee and Patient or Employee and patient’s Relative, (applies when the employee works in or has oversight at a location where the patient is being treated) or  Employee and Vendor... " (see below)
Submitted: 2 years ago.Category: California Employment Law
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Customer reply replied 2 years ago
cont'd ) Romantic or sexual relationships between co-workers that become problematic in the workplace may violate this policy and must be disclosed to a direct supervisor and human resources."
Answered in 5 minutes by:
1/26/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,549
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry to hear about your difficulty getting the transfer approved. Unfortunately, however, I must tell you that from a legal standpoint you would not have any recourse. The reason, simply, is that company policies do not create binding legal obligations on employers. They are simply interpreted by courts as guidelines that give employees a general idea of what to expect.

So, no claim would arise from your employer's refusal to honor to technical language of their own policy. All you can do in this circumstance is attempt to persuade. This means writing the supervisor in the other department and explaining the situation, asking him to get in touch with his boss if necessary. There is no legal right to fairness in these circumstances, though. If your employer ultimately denies the transfer for both of you, you would not have any recourse under the law I'm afraid to say.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago

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