Can you be fired for having an affair?
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Can you be fired for having an affair?
A friend works on a construction site, and got involved sexually with a woman that also works there. His wife went to his boss and my buddy confessed. His boss threatened him that if it happened again then he would be fired. Can they do that? It seems like personal business.
Asked on August 23, 2011 Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While personal business, the company can make it its business. It's called at-will employment. In such an employment arrangement, an employee can work for an employer or not, their choice. In turn, an employer can hire or fire and set the terms and conditions of the workplace as it sees fit. This means that an employer can discharge an employee for any reason (even a bad one) or for no reason at all.
That having been said, an employee can have certain workplace protections if they have an employment contract or union agreement. Additionally an employer cannot violate its own existing company policy, nor can it engage in actionable discrimination against employees.
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