Can I get Fired for having a Relationship with a Co-Worker lawyer sue lawsuit attorney information help
Most people have every intention of keeping things professional at their workplace, meaning you don’t go out of your way to start a relationship with your colleagues. But sometimes, love happens in the most unusual ways, and before you know it, you and a co-worker have feelings for each other.

Workplace romances are very common, though it’s understandable why they’re generally frowned upon. After all, we’ve all heard of workplace relationships that ended up in bitter breakups or divorces. The resulting tension of people having to choose sides, being accused of favoritism, rumors and accusations around the water cooler – this is a situation that any employer would try to avoid. But what does this mean in terms of your legal rights? Can you be fired simply for having a relationship with a co-worker?

As a general rule, workers in California have the right to freedom of association, which means your boss or supervisor cannot regulate your personal relationships. But that doesn’t mean you’re off the hook if you’re interested in dating a co-worker. There are situations where a workplace relationship of an intimate nature may be grounds for termination. Just what these situations are and how they affect your legal rights are the topics we will explore in this article. However, we can only provide information of a general nature. If you have specific questions as someone who was wrongfully terminated due to your relationship with a co-worker, contact us for a free case review.

Can I be Fired for Dating a Co-Worker?

Essentially, California labor laws protect your right to engage in whatever activities you’d like while you are off the clock. As relationships are considered part of one’s private life, i.e., outside of work, the fact that you’re dating a co-worker is not a legitimate reason to terminate your employment. Most workplaces understand the rules, and instead of banning workplace romances, they will ask employees to keep things professional and discreet. Furthermore, employers are allowed to have workplace policies that ask workers to be honest with Human Resources if they’re interested in dating a co-worker.

While this may seem invasive, you should keep in mind that informing HR allows you to be open with your relationship. Of course, there are situations like extra-marital affairs, but most co-workers in relationships want to be honest about who they’re seeing instead of sneaking around and pretending that they don’t have feelings for each other. In addition, it builds trust between you and your employer by showing that you are a professional and conscientious employee.

Exceptions to the Rule

Okay, so here’s the tricky part – though you can’t be fired for dating a co-worker, there are situations where a termination may be justified. A common example is when the relationship affects your job performance, or that of your partner. If you used to perform your job at a certain level, but your relationship causes you to miss deadlines, make repeated mistakes, act unprofessionally, etc., then those are issues that can cause you to be fired. Your employer would have to go through the protocols outlined in your contract or employee handbook, but as long as those bases are covered, they can fire you for poor job performance.

Another cause for termination has to do with power dynamics, like those between employees and their supervisors. This can lead to favoritism of the employee by the supervisor, which will most definitely create problems within the company. Alternatively, if the relationship takes a turn for the worse, the subordinate employee may retaliate with a claim for discrimination or sexual harassment against their supervisor.

To prevent these headaches, employers generally have policies in place that prohibit supervisors from dating subordinates. Some argue that this is a violation of a worker’s right to privacy, but in these situations, the conflict of interest it would cause in the workplace outweighs an individual’s privacy rights. Again, the issue here is how the relationship affects work performance or the other workers’ right to fair and equal treatment. If these justifications do not apply to your situation and you are fired for dating a co-worker, you may be the victim of wrongful termination.

Our attorneys are here for you with the skill and experience you need to succeed in a case of wrongful termination. Call us today for a free consultation on your rights and legal options.

What are my Rights if I was Wrongfully Terminated?

If you believe that you were unjustly fired for being in a relationship with a co-worker, please take some time to speak with one of our lawyers. You may be eligible for a wrongful termination claim, which must be filed with the appropriate federal or state agency. We can also help you if you were demoted, received a salary cut / reduced hours, or faced some other form of retaliation for dating a co-worker.

The key is to take action right away, as these agencies have 180 days to act on your wrongful termination complaint. Thus, it can be a long wait between submitting your claim and receiving justice through the Equal Opportunity Employment Commission or the State of California’s Department of Fair Employment and Housing. However, if your claim cannot be settled through a state or federal complaint, you will need to file a wrongful termination lawsuit, which is a very complicated process. A lawyer is not required, but it’s highly recommended, as there are many opportunities to make mistakes in these cases. Even a minor issue can hold up your case for weeks or months, but you can avoid these pitfalls by working with an employment attorney at our law firm.

Average Value of a Wrongful Termination Case

People are curious to know the average value of these cases, as it may give them an idea of what their own claim is worth. Unfortunately, case values for a wrongful termination claim can fall anywhere between $5,000 and $100,000. As you can see, the gap is far too wide between these numbers to determine an “average” settlement.

Meeting with us for a one-on-one consultation is the best way to resolve this dilemma. There are many issues we will talk about, which will help us determine the damages you are eligible to receive. These may include:

  • Back pay and front pay, along with other forms of lost income (commissions, bonuses, overtime pay, etc.)
  • Lost benefits, like 401 K plan, healthcare, and stock options
  • Pain and suffering
  • If appropriate, reinstatement of your position / salary
  • Implementation of workplace policies to protect others in your situation
  • Attorney’s fees
  • Punitive damages

Overall, your lost wages / income will be the biggest factor in your case value. However, damages like pain and suffering can be considerable depending on the stress and trauma associated with your termination. That’s why we always stress that no two cases are alike, and you should not compare your own case value to what other claimants have received from their cases.

How long does it take to get Paid on these Cases?

It’s impossible to predict how long it will take to settle your case, as there are many complications that can arise throughout the legal process. But if we go by the majority of cases that we’ve settled, a wrongful termination claim takes around one year to resolve, from start to finish. That, by the way, applies to claims that are settled out of court, meaning you are successful in a complaint that was filed with the California Department of Fair Employment and Housing or the Equal Opportunity Employment Commission. If your case cannot be settled in this manner, a lawsuit will need to be filed, which will extend the legal process by one or more years.

How much Time do I have to File a Lawsuit?

The statute of limitations for an employment lawsuit in California is two or three years. The two-year deadline applies to breach of contract cases, like a wrongful termination that violates an existing contract between the employer and employee. Or, you can prove that your employer committed a public policy violation by firing you. A good example is an employer who retaliates against an employee by firing them after they reported unsafe conditions at the workplace. On the other hand, if your termination was a direct violation of the California Fair Employment and Housing Act (FEHA), you have 3 years to take legal action against your employer.

You may be confused about the statute of limitations that applies to your case, but that’s what we’re here for. Just give us a call and speak to a labor law attorney, who can verify how much time you have to file a lawsuit.

Contact a Lawyer Experienced in Wrongful Termination Cases

Employment laws in California are incredibly complex, and even employers have a hard time understanding them. However, that doesn’t excuse unjust labor practices, like discrimination and retaliation. If you were wrongfully terminated for having a relationship with a co-worker, strong legal representation is the best way to recover your financial and emotional losses. That’s why we offer free legal services under the Zero fee guarantee. We only get paid by winning your case, meaning we don’t make a cent unless you do.

We are also here to assist you if you’re dissatisfied with your current attorney and need a second opinion on your case. If you’re uncertain about the advice your lawyer is giving you or feel frustrated by how long it’s taking to settle your case, please take some time to speak with us. Our second opinion consultations are completely free of charge, and there is no pressure to switch your lawyer. But if you decide to transfer your case to us, you are also protected under the Zero fee guarantee.

Our lawyers are here for you 24/7, so don’t hesitate to give us a call. We look forward to meeting you during a free, no-obligation case review.

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