CNN president Jeff Zucker recently resigned due to a consensual romantic relationship with a co-worker that he had failed to disclose for several years. In a memo to CNN’s employees, Zucker admitted that he had been obligated to disclose the relationship when it began, and said that it was wrong for him to have failed to do so. The colleague with whom he had the relationship was expected to remain with the company, but has since resigned.
Many employees in Canada are now wondering whether dating a co-worker could put their job in jeopardy, or if their employer has the right to interfere with their personal or social relationships.
Is it legal to date someone you work with?
In Canada, romantic office relationships between consenting colleagues are not illegal. This kind of relationship could, however, jeopardize your employment if it interferes with legitimate business interests or goes against an employer’s policies.
READ MORE: What happens if your employer forces you to quit your job? An employment lawyer explains
All employers have an obligation to ensure that their workplaces are free of discrimination and harassment. Provincial human rights legislation applies directly to sexual advances by those in positions of power, providing a legitimate basis for employers to monitor their employees’ internal relationships.
Employees must be cautious if a relationship with a colleague takes a turn toward romance. Most importantly, employees need to make sure to avoid any conflicts of interest or breaches to company policies.
Can you date an employee who reports to you?
While there are few clear-cut rules when it comes to intimate relationship in the workplace, it is never a good idea to date an employee you have power over. The issue with romantic relationships that involve a power imbalance is that the subordinate’s consent can almost never be truly voluntary.
Get breaking National news
For example, it is almost always inappropriate to date someone who reports to you directly or whom you could fire. Your secretary might not be agreeing to go to dinner with you because they are truly interested. They might just be worried about getting fired.
Can an employer ban office dating?
Employees should understand their employer’s policies regarding dating in the workplace. This includes knowing how to avoid conflicts of interest.
Technically, an employer could implement a complete ban on office dating. But in my experience as an employment lawyer, these policies are ineffective because they only deter employees from coming forward to disclose relationships out of fear of losing their job.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
If a policy requires you to disclose a relationship with a co-worker, it is important to inform the company within a reasonable period of starting the relationship. In the case of CNN’s Zucker, the issue was not the relationship, but that he was required to disclose it and failed to do so.
If you are in a workplace relationship and uncertain how these types of policies apply to your circumstances, it is important to consult with an employment lawyer, like the team at Samfiru Tumarkin LLP, about your next steps.
Can you be fired for having a relationship with a co-worker?
Being fired over a co-worker relationship depends on your employer’s policies and procedures. If an employee lies or misleads an employer when confronted about a workplace relationship and that employee is in a position of high trust or authority, there may be grounds for termination.
But employers can’t fire an employee for just cause — that is, without a severance package — if they don’t have evidence that the relationship is interfering with legitimate business interests. An employee’s consensual relationship with a co-worker by itself is not usually enough to establish cause for dismissal.
If you are let go in this manner without ample evidence the firing is for cause, you’re likely owed a full severance package that could amount to as much as 24 months’ pay.
READ MORE: The top 5 termination myths — and what you need to know about being fired from a job
An employer may also be responsible for conflicts of interest arising from workplace relationships if their policies weren’t clear or consistently applied in the first place.
If you lose your job as a result of a relationship with a colleague, an experienced employment lawyer at Samfiru Tumarkin LLP can examine all the factors and help you determine what compensation you should receive.
Have you been let go from your job because of a workplace romance? Not sure if severance pay is owed to you?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, British Columbia or Alberta. Get the advice you need — and the compensation you deserve.
James Parker is an employment lawyer at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Employment Law Show on TV and radio.