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I am seeking Employment Law advice for Arizona. The

Hello,I am seeking Employment Law...
Hello,I am seeking Employment Law advice for Arizona.The Situation:
I just recently promoted one of my staff members to manager. Upon acceptance of his promotion he disclosed to me that he has had ongoing sexual relationship with somebody who he would now be managing. I advised him that he would need to either end his contact beyond a professional relationship or file documentation with the company that they are in a relationship. He choose to end the sexual nature of their relationship.Since telling her that he would like to keep things professional, she has began threatening him that she would release screen shot conversations that would embarrass him. Late last night around 2am she posted a screen shot conversation between him and his current girlfriend.How should I proceed? Since accepting the promotion he has had 0 sexual contact with her.
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Answered in 5 minutes by:
5/18/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,078
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I cannot tell you what to do because this is not a forum for legal advice, it is a general question and answer forum. What I can do is tell you what your options are legal legal risks are. As an employer in this situation, you would typically have authority to terminate an employee based on that employee making inappropriate threats, as is occurring here. Typically it would be best to warn her, by explaining that conduct like this bleeds into the workplace and cannot be tolerated, and that further conduct of a similar nature will result in termination. You would want to put this in writing, that is there was record of what has already transpired, and also you have laid the groundwork for a very clearly justifiable termination.

The only other option would be to ignore the situation entirely so long as it does not affect the employee's work. Take a "what happens out of the work place is out of the workplace" approach to the problem.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,078
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 6 months ago
OK if he takes what happens out of the workplace stays out of the workplace approach, is he then allowed to engage in sexual contact outside of work?

No law prohibits two employees from having sexual relations. However, from a managerial standpoint it's an absolutely horrible idea, especially when one of the employee is managing the other employee, as it opens up the door for sexual harassment claims for which the company itself will be liable. If the employees are going to resume their relationship, one should not have any managerial authority over the other. They should ideally be separated in the workplace, too.

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Customer reply replied 6 months ago
Thank you. I think I will sit her down and give her a warning 1st. Is this something I have to involve HR and corporate with or may I do this 1 on 2 with another manager (not a manager involved), most likely the GM.The manager in question is a corporate manager and the inappropriate employee is a location employee at 3 of our 7 locations.

Whether or not to involve HR is not really a legal question, but more of a personal managerial question. They probably want to be involved, as situations like this can explode into something really bad for the company if one employee alleges sexual harassment. So, if it were me, I'd involve HR and document everything very carefully.

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Customer reply replied 6 months ago
Thank you! 5 stars!

You are very welcome!

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