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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39164
Experience:  Retired (mostly)
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My husband and I have been married for 11 years. We work for

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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.

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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.

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Customer: replied 1 month 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).

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