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Three People in Bed: Him, Her and the Lawyer

David Letterman's affairs have brought up the bigger issue of affairs between bosses and employees. It's a minefield ...

Michelle: My boss approached a number of employees for sex. The workplace was like a brothel. Many women agreed to sleep with him. If he didn't enjoy them, they were dumped, embarrassed and forced to find other jobs. If he did enjoy them, they became jealous of each other and competed for the scarce privileges the workplace had to offer. Productivity declined.

I refused to comply. He stalked me and assigned me to projects where I had to work closely with him. My job was a nightmare.

I contacted a labor attorney and sued. I was awarded a big bag of money. The agency I worked for was financed solely by tax dollars. A judge and two attorneys told me that in the public sector, sexual harassment cases are often settled and the offender keeps his job. This man is still the boss even though years have past.

After this experience, paying taxes is even more offensive than before. I wonder if your readers would still think sex in the workplace was great if they knew they were footing the bill.

John: I worked for four different companies, and at every one, a woman came on to me, even though I had a family. One secretary was extremely aggressive and beautiful. I was 45, she was 25. My mistake was being too friendly with her, sometimes flirting back. When I left for another company, she told everyone we had had an affair. Many people believed her. Several years later, she ruined another man's career and threatened his marriage with her lies. He took her to court, and she went to jail.

Jane: An affair between a boss and a subordinate — typically a woman — is illegal.

It amounts to one or more of the following violations: 1) sex discrimination (if the employee is female); 2) creation of a hostile environment (once she starts refusing him); 3) breach of fiduciary duty (if the boss is also a corporate officer and lies about the affair); 4) violation of employee rules because most businesses prohibit such conduct, and for good reason. They are an easy avenue to large settlements, as well as other possible torts and causes of action.

At $200 per hour or more, litigation attorneys can quickly burn through huge amounts of cash in costs and fees. Then there's back pay and interest on that back pay. Hence, in many companies, if they find an affair is going on, they will move one party to a different department if they can. If they can't, both parties are usually fired to avoid discrimination claims.

Affairs where one party is married are even worse in terms of liability, and more counts can easily be added, such as alienation of affection, etc.

If two employees find they are "falling in love," the boss should look for another job. If two employees are coworkers and neither one supervises the other, most companies move one employee out of the department. Romances between single coworkers should be closely monitored. Neither party should be promoted to a supervisory position over the other.

From a legal perspective, romances between boss and subordinate are a labor law nightmare. An honorable, ethical and moral employee would never engage in such conduct. It's like playing with firecrackers — best to skip it.

Have you had an affair with a boss or an employee? Send your tale, along with your questions and problems to cheryllavin@aol.com. You can visit her blog at www.talesfromthefront.com. To find out more about Cheryl Lavin, and read features by other Creators Syndicate writers and cartoonists, visit www.creators.com.

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Comments

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In the area where I am living right now, women are practically considered second class citizens in the work situation and in my previous position, that was the case. I tood the job innocently enough, in hopes it would better my career as a retail manager. I had no idea what I was to be in for; a double whammy of sorts, totally unexpected. IOn a daily basis I was fighting off the verbal advances and lued comments made by the man that hired me. A little later, I noticed that his partner, his son, started making advances also. While fighting off the verbal enticements and being offered gifts of money, property, etc,. by the father, I was unknowingly being coerced into the arms of the son (whom was more my age). The first evening the son and I became involved, I was enticed by him with alcohol and drugs the entire time the security cameras were running and probably recording evreything. To this day, I have never seen those tapes nore do I know what ever happened to them. I was told by the son that nothing really was recorded on them. I was in a situation that was a daily battle, I needed the job to pay my bills and was caught in the middle of two men. Both men knew of my financial situaltion and because of it, I was vulnerable. Please post this anaymousley as the case is being investigated by the local Civil Rights Commission and has not been resolved yet.

Comment: #1
Posted by: Debra Benner
Sun Oct 25, 2009 1:42 PM
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