QUESTION

Can I sue an employer for knowingly paying an employee that was not activly working but having an affair duing the time he was being paid to work?

Asked on Oct 21st, 2014 on Labor and Employment - Georgia
More details to this question:
I've been w/ (now ex) husband 16 yrs. Discovered in June he has been having an affair with co-worker for over a year. He worked 2 jobs (one from 7am-3:30 and part time 3:30 - 6pm). ALWAYS returned home b/t 5:30-6. The supervisor of 2nd job knowingly paid ex to "work" when he knew he was NOT actually working but at his 1st job w/mistress. When I approached the supervisor myself and said "You KNEW what he was doing and you KNEW it was on your watch" he responded "I know, I'm sorry" (which he repeated over and over--in front of another witness). This is a VERY "small-town-good 'ole boy" town/job (law enforcement) where they "cover" for one another. MANY times over 16 yrs my ex would tell me he was "covering for chief" while he ran errands, went home to see wife, left the city, etc, Although he had affair w/co-worker who was married w/4 kids and he was married w/2 kids, both were allowed to return to work w/ no repercussions. Again, small town politics.
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
The short and definitive answer is No. You cannot sue the employer for doing that. Your employer does not owe you or anybody the duty of policing its employees extramarital affairs. Since he breached no legal duties, there are no damages that you can collect. Your husband's (and his paramore's) behavior is despicable.  Howver, it is not illegal.   Michael A. Caldwell 404-979-3154
Answered on Oct 27th, 2014 at 8:40 AM

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