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My employer eliminated my position. Reason was because of an alleged affair. Is this legal?

Wilson, NC |

My boss and I were seeing each other. (At the time I was fired, the company had no proof of that) I was fired and he kept his job. I am having a hard time finding a job, was this a wrongful termination or discrimination. What can I do? Do I have a claim?

Attorney Answers 3

Posted

I agree with Attorney Randolph that you have a very interesting set of facts. The details of your facts will determine whether you can prevail under Title VII. I am providing you with a link to a case decision in which the woman who was fired after having a consensual affair, while her male co-respondent was not, did not succeed in her lawsuit. But if you read the decision carefully, you may notice critical distinctions between her circumstances and yours. So, you should not conclude that, because that woman did not succeed in court, you also would not prevail. It all depends on your particular evidence. You need to consult with an experienced employment lawyer to review your situation in detail.

David Puryear is an employment attorney licensed in North Carolina with 29 years experience representing employees in disputes arising at work. He also represents employers in these matters. The answers provided here are for general public service information only and are not intended as legal advice in a specific case or the practice of law in any jurisdiction other than North Carolina. You should consult with an experienced employment attorney near you to receive legal advice about your personal situation.

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Posted

Thank you for the link. I read over the case and the circumstances are different. I have evidence.. emails, pictures. I feel that I hava good case, I just have to find someone to help me. I have sent you an email and I hope to be able to speak with you.

Posted

Well that's an interesting question. I don't practice in NC so this isn't state specific advice but generally an employer can fire your for any reason that isn't based on discrimination. Here a male boss having an affair with a female subordinate was not fired while the subordinate was. One could argue that was gender based discrimination. Certainly I'd set up a consultation with an attorney in your area to discuss further.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations. www.jrandolphlaw.com

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Do you know of any other court cases I can reference similiar to mine? I would like to see cases with positive and negative outcomes.

Posted

You need to speak to an employment attorney in your area. You did not give us enough facts to determine if you have a discrimination case. IF you were told you were fired because of the affair and he was not and you can show it was because you were a woman, you may have a discrimination case

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