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Policy violation - but "just now being enforced"

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bfish

Junior Member
My fiancee and I work for the same company, but at two different stores. I am an assistant manager at my store, she works in receiving in hers. Management and HR has always known about our relationship since we both started working for the company, telling us that as long as we are at two different stores, we are in the clear.

Today I got a phone call from my district manager, who was at the store where my fiancee works. He put me on speaker, with my fiancee in the room and two other witnesses, and proceeded to explain that HR has told him that "upper management" cannot co-habitate or be romantically involved with anyone else within the company". I asked how long this policy has been in effect, and he explained that it had "always" been in effect, but not enforced until recently.

In the employee handbook, it states that at the store level, management cannot co-habitate or be romantically involved with employees. I have always taken this to mean "within the same store". I have been in management for a year, and they were aware we were living together when they promoted me, and only now are they coming after us for this.

Our options are this: either I step down (take a pay cut) to a non-management role, or she resigns. What are my rights in this situation?


What is the name of your state (only U.S. law)? Florida
 


HomeGuru

Senior Member
My fiancee and I work for the same company, but at two different stores. I am an assistant manager at my store, she works in receiving in hers. Management and HR has always known about our relationship since we both started working for the company, telling us that as long as we are at two different stores, we are in the clear.

Today I got a phone call from my district manager, who was at the store where my fiancee works. He put me on speaker, with my fiancee in the room and two other witnesses, and proceeded to explain that HR has told him that "upper management" cannot co-habitate or be romantically involved with anyone else within the company". I asked how long this policy has been in effect, and he explained that it had "always" been in effect, but not enforced until recently.

In the employee handbook, it states that at the store level, management cannot co-habitate or be romantically involved with employees. I have always taken this to mean "within the same store". I have been in management for a year, and they were aware we were living together when they promoted me, and only now are they coming after us for this.

Our options are this: either I step down (take a pay cut) to a non-management role, or she resigns. What are my rights in this situation?


What is the name of your state (only U.S. law)? Florida
**A: the solution is to get married now.
 

eerelations

Senior Member
I think HG is foolin' around a bit.

Your employer is within its legal rights to suddenly start enforcing this policy now.
 

commentator

Senior Member
If I were you, I would not resign, or have your fiance resign. I would let them do the "or else" which would be to terminate one or both of you. If they do follow through with that, at least you can probably get approved for unemployment insurance. Or she can, if fired.

Because with no prior warnings, with no enforcement of this policy ever having been done before to your knowledge, and you two were not hiding the fact that you were in a relationship, you were promoted while the management of the company had knowledge that you were in this relationship, if they company terminates you, or her, or gives you the option of stepping down into a lesser job, you can refuse the option, let them fire you, refuse to resign, and at least you will be quite possibly approved to draw unemployment insurance while you are looking for other jobs.

Whatever you do, don't let her give them a letter of resignation, it would not "save her reference" and would hurt her chances to get unemployment in this case. And do not, yourself, if you are not willing to take it, do not work a minute at this lesser job. If you try it out and then quit it, it is your job of record, and you voluntarily quit. So no unemployment.

But is it legal to do this to you?Yes. They can, if they want to, fire you even if you are married. They don't even have to have a policy. They can just do it. But the selective and uneven enforcement of this policy will make it very easy to say that neither of you was aware you were about to be terminated for this relationship.
 

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