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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12950
Experience:  Significant experience in all areas of employment law.
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I am a owner of a fabrication business. My brother is the

Customer Question

I am a owner of a fabrication business. My brother is the weld shop lead. Last week my brothers wife had him arrested for domestic assault. my brother is friends with one of my employees and i asked him what if he had heard from my brother and he told me no. i eventually found out that he did know that he knew what happened because my brothers friend and my brothers wife has been having a intimate relation ship. I have had two talks with him about this with discretion and have stated both times that this does not go beyond us. both times he has betrayed my trust and has started rumors about my brother in the shop. Both times he bold faced lied to me. I would if it was anybody else besides my brother fire the one starting the rumors and disrupting the shop (which in this instance is my brothers friend) but since it is my brother i am unsure what to do. any help would be great.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and welcome. I am very sorry to hear about this situation. To be clear, are you asking a legal question here, or are you seeking practical advice? If you are asking a legal question, can you please specify what it is that you would like to know?

Customer: replied 1 year ago.
legal. I am unsure of what to do with the situation. the trust is were i am having a problem. i do not employee people i do not trust and i am wondering if i can get in any trouble for letting this person go and also if there are any repercussions from this on my brother and his situation?
Customer: replied 1 year ago.
it has nothing to do with the fact that it is my brother or there situation it has to do with the lies and also spreading rumors in the shop. I do not deal with drama and i am very clear about this from day one with my employees. but in this situation it can backfire on me and really destroy the mutual respect i have with my employees.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for clarifying.

The default rule in Kansas is that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Therefore, an employer in your circumstance would absolutely have the ability to terminate this employee. The fact that there is a domestic violence issue and a romantic relationship does not affect the law in this regard. If the employment is at will, which it is unless you have entered into a contract with this employee promising to employ them for a guaranteed period of time (highly unlikely) you do not need to justify the decision to let them go at all. On a purely practical note, terminating an employee for engaging in the conduct you describe is almost always a good business decision. You don't want someone like this working for you.

I hope that you find this information helpful. 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.