Legal Question in Employment Law in New York
illegal termination
My fiance and I both work for the same company, different locations,our company was purchased by a bigger company, they mention in all there company rules that they do not allow management to marry non-managerial personal, we have been engaged since before our company was purchased and the old company never had any rules like this. it just doesnt seem fair or legal to tell who can marry who or that we have to cease our employment, at least one of us does, most likley her as she is in a managerial position and I am a union employee, again we never have any contact with one another as she works in nj and im in ny...
please advise...
jay-
2 Answers from Attorneys
Re: illegal termination
It is generally a nepotism rule when companies have this policy. If your wife doesn't have a contract and you do, you should be protected, especially with the different offices.
If you have a union ask the union reps about this situation. You always have to exhaust your union remedies first anyway.
Re: illegal termination
If you or your fiancee were fired based upon your choice of spouse, I believe a strong argument can be made that such a termination would be illegal and unlawful.
But you are putting the cart before the horse, I would advise you to go about your business and continue as you have done before. If someone threatens either of your jobs, as a result of your marital choice, as a union member file a girevance with your rep. But until your job is actually threatened, keep working and ignore this rule.
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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