Legal Question in Employment Law in Pennsylvania

Re: Supervisor in relationship with employee

You asked about what can happen when a supervisor has a relationship with a line level worker.

There is a common problem when businesses do not keep up to date with their assessment, review, training and enforcement regarding corporate compliance. Here while there may be no technical violation of a law there may be issues where the company's review and enforcement of policy is not up to par.

The owners or managers of the business should conduct a review of ploicy and training. The best way to do this is by hiring an attorney experienced in corporate compliance to help you.

In the particular circumstance you described I do not see that there is any potential for a class action, nor do I see potential for a successful claim by any party. But that is based strictly on the description you provided.

As long as the employees are happily coupled you should not see a claim from the only person that could potentially have a valid claim, the female employee.

You should wish both the complaining woman and the new couple the same wish, though with entirely different meaning: mazel tov.

I would be ahppy to help you with a review, update and training on your corporate policies and procedures.

Regards,

Roger Traversa

Re: Supervisor in relationship with employee

Pennsylvania is an at will employment state which means (in the absence of an emplyment contract) that an employer can fire an employee for any non-discriminatory reason or no reason at all. You should consider firing the trouble making mother in law, you have enough grief in your life as a business owner that the last thing you need is to get involved in people's domestic issues (start now documenting her rable-rousing in writing to her; explain to her that it is a domestic problem, not your business problem until peoples' job performance suffers (which you think hers is as a result of her being consumed with her own personal problems - that should hopefully end it. Can she afford the freight of paying a lawyer to file such a frivilous lawsuit - probably not. Can she find some goofy (and I say goofy because unless you are some huge multi-state conglomerate, it wouldn't really be a class action suit - just the named employees vs. you) starving lawyer to take her case on a contingency basis, maybe. But ask yourself this question, in the absence of some law being broken (and from the facts as you explained them it doesn't seem so) how has the mother in law (or anyone else who would join her) been damaged? Understand, she would have to reduce her damages (provided she could prove any) to money? Or, is she seeking equitable injunctive relief to compel you to fire people or otherwise enforce your policies with no money damages? In which case she certainly doesn't need a clas action suit to do that. It really is sad that you as an employer (providing work and a living to this fool) has to deal with this distraction. Be fair but firm - write her up, tell her that she is "willfully" and "maliciuosly" undermining your ability to run the business, and is a distraction and detriment(that will help you when the unemployment claims arise. I don't know what penalty you are compelled to dish out to your supervisor by your handbook; e.g., is having a relationship with a person he supervises a "terminable" offense? If it is, you may want to terminate him; if it isn't write him up too (just for the grief he is putting you through).

I owned a business for 14 years before becoming an attorney, I feel your pain.

Good luck!

This is a response to an Internet question and the reply is not intended to be legal advice or and creating an attorney-client relationship. Missing or omitted facts may result in a different reply