California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

My husband and I have been married for 11 years. We work for

Hello. JA: Hi. How can I...
Hello.
JA: Hi. How can I help?
Customer: My husband and I have been married for 11 years. We work for the same hospital, and the same department. I found out that my husband is having a relationship/affair with our manager.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is against hospital policy for a manager to have this type of relationship with a subordinate. How can I prove their relationship is ongoing? I feel the reason why nothing was resolved when I brought the issue to Human Resources was because they denied their relationship/ affair and my husband made an intention to repair our marriage.
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 17 minutes by:
9/17/2017
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,479
Experience: Retired (mostly)
Verified

NOTICE: If you are presented with an offer for a phone consultation, which may appear to have been sent by me, please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in your jurisdiction – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California and federal law.

The issue here is whether or not you believe you are being subjected to any adverse employment actions as the result of your spouse's relationship. If you have a good faith belief that you have been discriminated against, then you would have a claim of sexual harassment against the hospital, and you can complain to the California Department of Fair Employment and Housing (DFEH). The agency will investigate and determine if there is any unlawful behavior.

As an example, if you are being made to feel uncomfortable by your manager's conduct, then that is sufficient to create a hostile sexual environment, and trigger your rights to relief for employment discrimination.

If you need more personal attention than can be provided in this public forum, I can arrange to send you an offer of direct correspondence, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Ask Your Own California Employment Law Question

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,479
Experience: Retired (mostly)
Verified
socrateaser and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
This situation has made me feel uncomfortable at work, especially when having to interact with his mistress. Knowing about their relationship makes it very hard (if not impossible) for me to completely heal from the affair. Their relationship has affected her reputation as a manger. Being that she is the manager, I feel that now I have to explore the option of leaving that hospital and my career has been ruined. I should not feel that I have to be the one to leave my job when they've violated hospital policies. What are my rights as an employee at that hospital? I would like to understand my legal position on how to handle this difficult work situation. Do I have a legal cause of action against the woman with whom my husband had an affair? She actively pursued my husband being fully aware that he was my husband and that we have children together. Although he also consented to having relations with her. Would the hospital be liable since I had already brought their attention to their relationship but now he is asking for a divorce. Could I be held liable if they were to lose their jobs?

What are my rights as an employee at that hospital?

A: You have the right to be free from unlawful discrimination based upon a hostile sexual environment. 29 C.F.R. Section 1604.11.

I would like to understand my legal position on how to handle this difficult work situation. Do I have a legal cause of action against the woman with whom my husband had an affair?

A: No. All such civil actions were abolished under California law in 1939. Civil Code Section 43.5.

She actively pursued my husband being fully aware that he was my husband and that we have children together. Although he also consented to having relations with her. Would the hospital be liable since I had already brought their attention to their relationship but now he is asking for a divorce?

A: The hospital is liable for sexual harassment. The employee may also be held personally liable for sexual harassment (creating a hostile sexual environment). But, a direct action for alienation of affection is abolished (see above).

Could I be held liable if they were to lose their jobs?

A: A good faith complaint about unlawful discrimination is protected activity. You cannot be held liable, unless your complaint were found to be band in bad faith (dishonestly).

Note: If you have further questions, please open a new Q&A session so that I may receive appropriate compensation for my additional efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own California Employment Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,479
39,479 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
URGENT! I speak for the entire teacher staff at the Rim
URGENT! I speak for the entire teacher staff at the Rim Unified School district in Lake Arrowhead. Our Administrators and Board of Directors are proposing that the teachers get a pay-cut (up to 10%), … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a tenured teacher in California who was retaliated
I am a tenured teacher in California who was retaliated against by my employer for receiving workers compensation. I filed a grievance for being transferred and won. I am currently getting getting wor… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,465 satisfied customers
I've been suspended from work as from 14th October, we had a
I've been suspended from work as from 14th October, we had a family accident at home over a year ago before I started work with this company. The police said it was a an accident and was not charged, … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,905 satisfied customers
MY COMPANY FILED 363/CHAPTER 11. CALIFORNIA YES IT WAS FILED
CALIFORNIA YES IT WAS FILED AND A NEW BUYER HAS BOUGHT THE COMPANY … read more
socrateaser
socrateaser
Lawyer
39,479 satisfied customers
My previous employer is stating that I violated a contract
My previous employer is stating that I violated a contract agreement of confidentiality by posting my job and duties on Linkedin. Their contract was vague and I want to know if they have any grounds t… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
948 satisfied customers
I am a California-based at will employee out on a paid
I am a California-based at will employee out on a paid medical leave since the end of October. My return to work date is next week, but I am not planning to return. Is there any risk in resigning my p… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
One of the investors for my previous employer loaned me
one of the investors for my previous employer loaned me $8000 3 years ago. I quit the company 2 months ago and they owe me $42,000 in payroll checks. Can that investor come after me for the $8000 even… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I was wondering can a court ordered handwritten mediation
Hi, I was wondering can a court ordered handwritten mediation settlement agreement be rescinded? … read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I am an Executive Director who was placed on 60 days unpaid
I am an Executive Director who was placed on 60 days unpaid administrative leave in Colorado. Can I seek other employment while I am waiting for the non profit board to fire me? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer makes me use thier gas card all the time.
My employer makes me use thier gas card all the time. Personal days , vacation etc. The car I use is my own and yet I have to take deductions from my paycheck from a national average gas rate they com… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was terminated from my employer after 31 years due to a
I was terminated from my employer after 31 years due to a non intentional mistake - my medical certification expired and both my employer and myself didn't notice the mistake until about 20 days after… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can i prosecute my employer for wage theft violations not
Hi Good Afternoon can i prosecute my employer for wage theft violations not limited to but including 496pc and 484pc? Here is my theory see if you agreed? I have met my standards of proof right now th… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,584 satisfied customers
A California employer has an office in Ohio. The California
A California employer has an office in Ohio. The California employer wants to periodically bring in employees from Ohio to its California office for training and other business activities. Under CA la… read more
socrateaser
socrateaser
Lawyer
39,479 satisfied customers
Thanks so much for your answers re travel expenses for
Thanks so much for your answers re travel expenses for employees of a CA company that wants to bring its Ohio office employees to the CA location for training and other activities.Based on your answer… read more
socrateaser
socrateaser
Lawyer
39,479 satisfied customers
My company is moving our office to a new city. The city they
My company is moving our office to a new city. The city they are moving to is now very hard for me to commute to. I am not able to take mass transportation anymore and driving is too long for me. Do y… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I'm a physical education teacher and we a disrespect
I'm a physical education teacher and we a disrespect question from an aid to a teacher. I went in an made a complaint about the aid but there was not anything done. About two weeks later we had a situ… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,155 satisfied customers
I work for a company in California that is inc and pays me
I work for a company in California that is inc and pays me salary plus bonuses. They owe me bonus money, but cannot afford to pay me the 20,000 they owe me. They want to add the amount on a w-2 and th… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am an excempt employee, non-union working for a non profit
Second opinion] I am an excempt employee, non-union working for a non profit agency. My mother who resides in South Africa has taken ill and I requested two months leave, which my boss granted me. I h… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x