No fraternization policy

[jackinthebox278]

State is Indiana. My company has a no fraternization policy as follows:

While 'company' does not wish to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct and relationships may interfere with 'company's' legitimate business interests. To prevent unwanted sexual harassment claims, confidentiality lapses, uncomfortable working relationships, morale problems among employees and even the appearance of impropriety, managers supervisors, and employees of company are strictly prohibited from engaging in consensual romantic or sexual relationships with any other manager, supervisor or employee of company. If a romantic or sexual relationship does develop between a supervising employee and his or her subordinate, management should be notified immediately so that the situation may be considered and a solution, including the potential separation of an employee, may be determined. During working hours and in work areas, employees of company are expected to keep all personal interactions limited and at a professional level to avoid distracting and offending others.


While it says no fraternization is allowed, it only addresses what to do if a manager/subordinate relationship forms. How would you handle if it you were a manager wanting to date another manager? Same level of management but different departments so minimal interaction. If the relationship started and management was made aware, are they able to terminate legally?

 

[quincy]

State is Indiana. My company has a no fraternization policy as follows:

While 'company' does not wish to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct and relationships may interfere with 'company's' legitimate business interests. To prevent unwanted sexual harassment claims, confidentiality lapses, uncomfortable working relationships, morale problems among employees and even the appearance of impropriety, managers supervisors, and employees of company are strictly prohibited from engaging in consensual romantic or sexual relationships with any other manager, supervisor or employee of company. If a romantic or sexual relationship does develop between a supervising employee and his or her subordinate, management should be notified immediately so that the situation may be considered and a solution, including the potential separation of an employee, may be determined. During working hours and in work areas, employees of company are expected to keep all personal interactions limited and at a professional level to avoid distracting and offending others.


While it says no fraternization is allowed, it only addresses what to do if a manager/subordinate relationship forms. How would you handle if it you were a manager wanting to date another manager? Same level of management but different departments so minimal interaction. If the relationship started and management was made aware, are they able to terminate legally?

Ask management to clarify for you the “no fraternization” policy.

 

[adjusterjack]

There's always somebody who wants to push the envelope.

 

[quincy]

And, quite frankly, pushing the envelope or not, a termination of one or both of the employees is likely to be legal regardless.

 

[LdiJ]

And, quite frankly, pushing the envelope or not, a termination of one or both of the employees is likely to be legal regardless.

I absolutely agree. I think it is a foolish policy on the part of an employer, but I agree that it is perfectly legal.

 

[Taxing Matters]

While it says no fraternization is allowed, it only addresses what to do if a manager/subordinate relationship forms.

It only expressly requires reporting to management when a manager and subordinate get involved in a romantic/sexual relationship. But the policy prohibit romantic/sexual relationships between any two employees of the employer, regardless of position. As a result a relationship between two managers who are not directly in a supervisor/subordinate role in the company is still prohibited even though the policy does not say that the relationship has be reported. Even so, it's probably better to report it anyway and see how the company feels about it. If you get involved and don't report it that may blow up on you later on when the relationship is found out. And in my experience it is pretty hard to hide this kind of thing from others at work. So it's likely to come out eventually.

 

[quincy]

As long as the relationship is only in the “wanting to date” stage, it is probably smartest from a “want to keep my job” perspective to look outside the workplace for someone to date.

 

[adjusterjack]

Don't fish in the company pond.

 

[Eekamouse]

No kidding! What if it doesn't work out? What if it's a bad break up? Why should other employees be subjected to a bunch of drama, be it calf love or you're an asshole because we broke up hate? Ugh!

 

[adjusterjack]

And a possible sexual harassment claim.

 

[quincy]

If an employee is willing to commit to a relationship with the knowledge that this commitment could mean the loss of their job, nothing prevents them from engaging in a workplace relationship. If the employees believe they can hide their relationship from their coworkers and employer so their jobs can be protected, however, they are fooling themselves.

 

[zddoodah]

How would you handle if it you were a manager wanting to date another manager?

I'd discuss the matter with my supervisor and/or someone in HR.

If the relationship started and management was made aware, are they able to terminate legally?

No reason to think otherwise - especially if these are at-will employees.