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

Asked over 1 year ago - 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)

  1. David B. Puryear Jr.

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    Contributor Level 10

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    Answered . 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... more
  2. Justin G. Randolph

    Contributor Level 16

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    Answered . 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... more
  3. Kenneth Love Jr.

    Contributor Level 18

    Answered . 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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