Thursday, August 8, 2024

Don't 💩 where you 🍽️


There's nothing inherently illegal about a boss being in a romantic relationship with a subordinate. There's something very illegal, however, if the boss fires the subordinate after the relationship ends.
That's exactly what is alleged to happened in Nixon v. Kysela Pere Et Fils, Ltd.

Teresa Nixon began to work for Francis Kysela as a sales rep at his wine and spirits distribution company a year into their tumultuous romantic relationship. "If you take care of me, I take care of you; you deny me and we have issues," Kysela allegedly warned her. They broke up 20 different times, and with each break-up Kysela would fire Nixon, only to rehire her after their reconciliation.

Eventually, they decided to end their physical relationship but continue their employment relationship. That arrangement, however, did not last and they rekindled their romance, only to end it again soon thereafter for the final time. Nixon's termination quickly followed, as did her quid pro quo sexual harassment claim.

Workplace relationships are complicated enough, and even more so when they involve a boss dating a subordinate. These relationships pose significant legal risks and dangers for both the individuals and the organization.

1. Power Imbalance: The inherent power imbalance can lead to claims of favoritism, coercion, or even harassment, whether perceived or real.

2. Conflict of Interest: The relationship can compromise the boss's ability to make impartial decisions, affecting team dynamics and morale.

3. Legal Repercussions: Employers may face legal action under anti-discrimination and harassment laws, resulting in costly litigation.

Businesses should have clear policies on workplace relationships and should seriously consider prohibiting all relationships between those within the same chain of command. These relationships might not be per se illegal, but they are still a terrible business idea fraught with risk.