one employee fired for an offence another not fired for same offence

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one employee fired for an offence another not fired for same offence

manager fired for having affair with employee another not both with proof of the affair one male one female. female not fired

Asked on June 4, 2009 under Employment Labor Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not a North Carolina attorney, and I don't know anywhere near all the facts of the case, so if this affects you, you should talk to a lawyer in your area, and one place to find a qualified attorney is our website, http://attorneypages.com

In general, something like this does not surprise me at all.  The starting point, I'm assuming, that both employees were "at will," and did not have contracts for their employment.  This means that they can be fired with no reason at all, as long as the employer isn't actually usuing an illegal reason, such as racial discrimination -- or gender-based discrimination.

A male manager, having an affair with a non-manager female employee?  An employer really has no alternative but to see that as very poor judgment on the manager's part, because today's affair often becomes, after the all-too-frequent breakup, tomorrow's sexual harassment lawsuit.  Without some very unusual facts, I'd be astonished to hear of a court not backing up an employer making this decision.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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