Legal Question in Employment Law in California

Couple working for the same company

I am applying for the same job that my spouse has now (customer support). My question is should I disclose the fact that I am referred to this job by my spouse or is our marital status none of their business?

There are probably some people who feel it is not a good idea to have a couple working in the same department. Legally would we get in trouble if we keep our spousal relationship a secret from the employer ?

Eventaully the employer will find out from the benefit forms that list our spouse as the beneficiary. Would that still affect our employment status?


Asked on 4/25/05, 2:12 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Couple working for the same company

Some companies have policies prohibiting employees from working in the same department. Although most such policies prohibit supervisory relationships, some flatly do not want family members working together to avoid potentional problems from arising. These policies have been challenged in court, so far without any success.

My opinion: It would be best to be up front about your relationship and seek approval. As you state, they will eventually find out anyway, so why not start out on the right foot and show that you are open and honest about it. Hopefully, this employer will appreciate the honesty. Employers universally detest deceit.

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Answered on 4/25/05, 4:24 pm


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