Legal Question in Business Law in New York

Legallity of married couples hired

A few of our staff members are questioning the legality of a LPN' spouse being hired to work in a H. R. area, allowing him access to their personal and confidential information.


Asked on 7/05/05, 6:24 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Legallity of married couples hired

This is an interesting question, and while I am not aware of any statutes on the books it does create an area of potential conflict. While it probably does not help you with your issue, if I was the employer's attorney I would recommend against this appointment in that it raises an inference that the employer had knowledge which could result in a discriminatory dismissal. It's not a smart idea from the perspective of the employer. At present, that doesn't help you.

Some ideas:

1) Depending on how you or any certan co-worker can communicate with the boss perhaps you can express your concerns either by this individual or together as a group.

2) If you are a member of a union file a grievance with your representative.

3) Make an inquiry to the local office of the EEOC or the city or state agency dealing with employment issues in your jurisdictions expressing your concerns and see if they will offer an advisory opinion, or procative legal assistance. Good luck, and I'm interested in hearing how this one plays out.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 7/05/05, 6:41 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Legallity of married couples hired

Well...if you already have doubts about the spouse's ability to keep confidential that which is confidential, you have answered your own question.

On the other hand, there is no legal prohibtion on hiring a spouse.

You need to make the call as a business decision.

Good Luck

RRG

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Answered on 7/05/05, 7:39 am


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