San Jose, CA asked in Employment Law for California

Q: A woman I was having an affair with was forced to resign from a company when they found out. Now that company hired me.

Even though the woman is separated from her husband, I am afraid that if the company finds out we are together, the company will fire me. How can I protect myself from being fired?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: There really isn't anything you can do other than to try to be a great employee they would not want to get rid of.

In California you are considered to be employed at will which means the employer can terminate you at any time for any reason or even no reason at all. There are exceptions for when you are being fired because you are a member of a protected class of people or because you had engaged in legally protected conduct, but your post does not suggest those unlawful motives.

Good luck to you.

Alex Sliheet
Alex Sliheet

A: You are presumably at-will in your employment so there is really nothing you can do from being fired.

However, if the company finds out and does fire you, you may have a cause of action for wrongful termination based on not being married.

If the company finds out and does not fire you, then your partner may have a cause of action for gender discrimination. They fired her because she was a female versus they did not fire you as a male.

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