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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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I'm a GM CA Hotel. About a year ago I had a stupid fling

Customer Question

I'm a GM for a CA Hotel. About a year ago I had a stupid fling with one of my managers. It lasted about 5 months and ended well. We have been all business and working fine until recently. I have been asking her to focus on some areas in need of attention, nothing that bad, but she has responded by saying I'm picking on her. She says she is going to call my boss and tell him about the fling.
My company has a policy on this, so I'm very worried I will lose my job. I was planning on denying the whole thing so its my word against hers, but wanted to get a professional opinion. I don't believe anyone knows at work of this, but she has some text messages that she sent to me recently that say "our affair has caused..." I didnt respond to that, just asking her to talk to me, but she has refused. This was 2 weeks ago, and she has been on vacation. She returns in 2 days. She told me she was going to find another job, but has retracted that saying, "why should I leave?"
Messy I know...any guidance would be helpful.
Since this mess in the last 2 weeks, I have admitted that I have a drinking problem and have seen my doctor that prescribed me medication and I have also been going to AA. Besides being the truth (thats how I got myself into this mess originally), I know CA has some laws that protect people with alcohol problems, but I don't know if it would apply in this situation.
Also, is there any help in the fact that this happened a year ago, and that her claims of being harassed will not hold any water? There is nothing she can show in the form of harassment from me. Everything is about her doing the job correctly
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

An allegation of harassment where the relationship was consensual would not hold water. However, the company could terminate you for violating company policy for sleeping with employees. But you are correct in understanding that alcoholism is protected pursuant to the Fair Employment and Housing Act. You cannot be terminated for having a alcohol problem but you can be terminated for violating company policy. Informing the employer of the drinking problem does place the employer on notice and triggers duties that they cannot discriminate against you f which may lead them to not terminating you for violating company policy out of caution to avoid a disability discrimination lawsuit.

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