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My fiancé and i work for the same employer... he is a

Customer Question
My fiancé and i...

My fiancé and i work for the same employer... he is a supervisor, I am a QA on a different shift. He received a call today terminating for being accused of breaking sexual harassment policy... I assure you there is no way he has broken any policies and is in fact beng wrongfully accused by an employee he has made mad. I need advice as I fear my position is also now in jeopardy and fear going into the workplace now

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Knoxville, tn

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time today was his 90th day

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that i know of... neverbeen in this situation

Submitted: 4 months ago.Category: Employment Law
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Answered in 7 minutes by:
12/11/2017
Employment Lawyer: socrateaser, Lawyer replied 4 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,766
Experience: Retired
Verified

Hello,

Under U.S. Department of Labor regulations (29 C.F.R. Section 1604.11(d)), "With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action."

Because this particular federal regulation is so onerous for an employer, and because of the present politically-charged climate with respect to sexual harassment claims in the media and Congress, employers have become acutely aware of the legal risk imposed by any sexual conduct between employees.

If your finance' has been terminated, then the employer has satisfied the requirements of federal law, so it is now unlikely that you would be terminated from your job position. Note, however, that an employer under TN law is under no obligation to retain any employee, and absent unlawful discrimination based upon race, color, nationality, religion, sex, age or disability, the employer can terminate any employee "at will": at any time, for any reason, or for no reason at all! Most employees fail to grasp the tenuousness of their employment relationship, because as a matter of law, an employer can walk any employee to the door at any time and without notice.

Again, based upon your description of the facts, you are unlikely to remain at risk, beacuse the danger to the employer is now mitigated by your fiance's termination (sadly).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 4 months ago
but he is being falsely accused! and they will not tell him what policy he broke..I know they cant say who accused him but this effects his employment history. So you are telling me he has no rights to defend himself? guarantee they will terminate me as well.. just a matter of time
Employment Lawyer: socrateaser, Lawyer replied 4 months ago

Your finace' has no right to defend himself -- unless he can prove that he was subjected to sex discrimination by the employer. Unfortunately, termination because of an intimate relationship with a co-worker is not considered sex discrimination (because it is preempted by Section 1604.11(d)) -- so, this will not avail your fiance' as a defense.

If you are concerned about your near-term termination from employment, then you need to "dust off your resume" and start looking for new employment. That's the only way to circumvent the employer's termination.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.
Please don't "shoot the messenger!"

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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socrateaser
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Category: Employment Law
Satisfied Customers: 39,766
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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