Legal Question in Sexual Harassment in Maryland
Job No Longer Available Due to Ending of an Affair with Boss?
I have had an affair with my boss for the past two years. He came in about a month ago and said he wanted to work on his marriage. That was fine with me because I had been trying to break it off for a year. He informed his wife of the affair and it has turned into a disaster. He has informed me that we can no longer work together. He has changed his demeanor with me and is now telling me that he cannot guarantee that we will go to the next project together. He has always told me that our group would remain together. I told him I loved my job and did not want to leave. I was also told that I shouldn't answer the phone in case it is his wife, and if it is her calling, I am not allowed to address her by name or say anything to her. I told him that I was a professional and I would continue to answer the phone as I have. After stating this, he told me that he would go to the big boss and tell him that our working relationship is not working out. Meanwhile, for the past three years, he has done nothing but promote and give praise relating to my abilities. What should I do? I feel that if he wants to leave, he should do so, but I shouldn't have to leave my position because of his personal life.
4 Answers from Attorneys
Re: Job No Longer Available Due to Ending of an Affair with Boss?
This sounds like a bad situation. However, there are quite a few additional facts that would need to be discussed in order to evaluate this situation presented. One important fact would be whether any change of assignment to another project or group constitutes a "negative" job action. If the proposed change is not negative, but rather is simply a lateral move within a larger organization, it may be that there simply isn't any compensable damage that has been done.
On the other hand, this is much too simplistic of an answer. There are many other factors to consider as well and I recommend that you discuss this with an employment attorney who can ask follow-up questions that will assist you.
Naturally, I would be happy to chat briefly to follow-up on this if you like. I can be reached at the number and address below.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: Job No Longer Available Due to Ending of an Affair with Boss?
There is certainly a hint of harassment in the facts you have conveyed - sh cases are fact specific and highly evidence driven. It is imperative that you keep a journal of the events as they unfold. Additionally, please keep a copy of all documents and emails relating to the affair and your previous job evaluations (including proof of your assertion that you had praise for your previous job performance). There are several ways to proceed with your case - one is to privately work out the matter with the company and the other is to file a formal statement of sexual harassment with the HR division of your company.
Re: Job No Longer Available Due to Ending of an Affair with Boss?
I agree with the other posted answers - yours is obviously and regrettably a bad situation, but it is more complicated than can be handled in a forum such as this. The threat about your job may be actionable by itself, but the number one priority at this time is retaining your job, not filing a lawsuit. Many facts must be filled in before you can receive the best advice. Thus, you should definitely contact an employment attorney to review the matter thoroughly, whether it is one of those who have posted, me, or someone else.
In the meantime, you need to protect your job and your rights. Probably the best way to protect your rights is to file a complaint internally, following company policy and procedure (if such exists). If not, file a complaint with HR or a high ranking executive. (It is best to speak with an attorney before putting anything in writing, but you can start with a verbal complaint if need be.)
This of course will escalate matters (in the worst case, you could even be transferred or discharged, whether right or wrong), but it does not appear as if your boss is or will be reasonable, so you have to get on the record and try to have the matter resolved.
If resolution fails, you can file a complaint with the Equal Employment Opportunity Commission or a local human rights commission. There are time limits for filing (which depend on the facts of the case), but you should not let the matter just sit. To be cautious, if you do want to file a legal complaint, do so within 180 days of the day that your boss threatened to talk to the "big boss".
Bear in mind too that once you start a complaint process, your personal matters will become company business to some extent. These things tend not to remain private, even if the company is well-intentioned, because they will have to investigate the matter by interviewing involved parties and potential witnesses.
Best of luck. Should you wish to review the matter, please email or call [email protected], 301.604.2497. My initial consultation is on the house. Feel free to visit sheldonlawfirm.com, too.
Disclaimer: Please note that this posting does not constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: Job No Longer Available Due to Ending of an Affair with Boss?
This is a difficult situation for you. Your situation may involve claims of sexual harassment and retaliation. I am particularly concerned that your boss may be taking actions effecting your position in retaliation for the termination of the affair. Federal and state law prohibit that type of conduct. You should review your employee manual, if you have one, and consider reporting his conduct in accord with the provisions in the company's harassment policy. You then may also wish to consider filing a claim with the EEOC or an appropriate state or county agency.
Of course, there are many variables in these cases, which should be explored further. I would be glad to discuss this with you, if you like.
Jay P. Holland, Esq.
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenebelt, MD 20770
301-220-2200
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