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two spouses in business together 51% and [email protected] shareholdls.

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two spouses in business together...
two spouses in business together 51% and [email protected] shareholdls. The one with 51% has a affair wirh the woman in charge with Human resouces. I wanted to dismiss the employer but she states I have no rights to do so and if I did the rest of my family and staff members would find out about the affair. I feel like Iam being blackmailed. In trying to save my family from not just hurt but from the embarresment of it all I have done nothing to date-She works there every day and I feel I can not work comfortably in my place of business. Obviously my spouse is not helping me out in this matter-I must stand own my own-but what are my rules and legal obligations here on this matter

Thank You

Jo-Anne [email protected]
Submitted: 8 years ago.Category: Canada Law
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6/10/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,084
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debra thal :

What does your shareholder agreement say about decision making.

Is one of you in charge of staff?

Why does it matter what she says?

Are you saying she will come to work if you dismiss her?

Are you now separated from your spouse?

Customer:

to be honest Iam not sure--since he has 51% I would say it is he who has the say-in staff sinces now I have partially retired. It comes down to not caringf what she may saynow- this is just what I had to listen to before.

Customer:

Iam not saying she will come back to work-but with her statements it sounds I can not legally fire her for having an affair with my husband- even if some of the affair took place in the workplace. She can make it messy and embarassing for the rest of the family working there and seeing the staff members would also hear.

debra thal :

So, are you asking me to explain how dismissing her has to work from a legal point of view or about the fact that your spouse will not agree to dismiss her?

Customer:

If I find out that I can fire her-what are my legal obligations to her. She has been at the company for almost 20yrs

debra thal :

OK

I will explain the law to you. It will take a few minutes.

debra thal :

If an employer wants to dismiss and employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.

Your situation is a bit out of the ordinary and so it's hard to know if a Court would say this merits an immediate dismissal for cause or not.

To some extent it would depend on the facts. For example, if the workplace is very small and family -operated it may be intolerable for everyone to have her remain. On the other hand this was a voluntary act on behalf of your spouse.

debra thal :

It's hard to see how a Court would say someone could be fired for cause when the employer engaged in the affair.

From her perspective she has an affair with the boss and the boss fires her.

So, it's likely that a Court would not agree that she could be fired for cause.

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Lawyer: Debra, Lawyer replied 8 years ago
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For this reason you can dismiss her but she would likely be entitled to substantial notice or pay in lieu of notice.

And, you will need to be careful as it sounds like she may want to sue you or could even file a complaint with our provincial Human Rights Commission.

I would suggest that you quietly sit down with an employment lawyer.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
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