Hello, new guy here. I am asking this for my own curiousity. Last week my employer let an employee go because of her poor performance over the last few months all which have been documented and explained to her. She has been well aware of her poor performance and has been counseled. However, her significant other brought up the point that she needs to file a law suit. I am assuming it is for discrimination. The reason why I say "discrimination" is that she, during her employment, was having sexual relations with the employer's son who is also an employee here. I advised him against the illicit activity during this period but the son did not think anything of it. Fortunately for the employer, they both broke up but managed to keep a semi-professional relationship. However, the son, about a year before this relationship, was also having a sexual relationship with another employee; this employee was also "fired" due to her poor performance. The significant other thinks that the girl has a case because the employer is letting employees go because they have sexual relations with the employer's son.

Is his thinking right?

The situation could be costly in defense costs for the employer but it can be won if the employer can prove that she was truly terminated for poor performance and the same standards were in place for others who did not have a personal relationship with the son.

The EEOC will not make a quick judgment...they will investigate the matter, just as the employer and its defense will do. While it is not illegal to have a personal relationship with an employee, it certainly puts the employer in a position of having to defend its actions. As far as the former employee is concerned, the chances are good that she won't get anything except for experience about the EEOC complaint process and a loss of time and energy. People often believe that they have the possibility of "hitting the jackpot" when they have a potential EEOC issue. However, in reality, the majority do not end up in any cash, etc., for the complaining party.

This case demonstrates the need for a couple of things within every company: 1) a strong policy against discrimination and harassment that has been communicated and acknowledged by every employee, including the owners; 2) Good documentation of performance expectations and the employees' performance relative to those standards and 3) a strong impartial review of all serious disciplinary actions, preferably before they occur. Usually this can be performed by the Human Resources Department. It is always easier to resolve a potential EEOC complaint or law suit before the potential issue occurs.

Let me know if you have any other questions.