Coldplayed: Play Stupid Games, Win Stupid Prizes: An Employment Lawyer’s Perspective

I admit it: the talk of my weekend was the Coldplay Kiss Cam at Wednesday night’s concert that landed on the CEO and the CPO of a tech company, Astronomer.  As an employment lawyer, I cannot help but unpack some of the employment-related issues that are triggered by an alleged office romance exposed in such a public manner, including:

·         Investigation – Companies need to look into issues that suggest a violation of company policy or the law in a prompt, thorough, and unbiased manner.  It is common and good practice to place implicated employees on leave pending the results of such an investigation.   

·         Executive Employment Agreement – C-Suite executives typically have employment agreements that provide the executives a level of protection and security in their employment and provide severance under certain circumstances, such as a “not for cause” termination.  These agreements will usually define “cause” for termination as including such things like engagement in conduct that brings the company negative publicity, or public disgrace, embarrassment, or disrepute; violation of company written policies or codes of conduct; and use of company property or funds for personal purposes.  

·         Workplace Dating Policies and Disclosure Requirements – Employers have an interest in ensuring that personal relationships do not inappropriately influence or negatively impact the work environment.  Some workplaces have policies that prohibit or limit workplace dating and at a minimum require the disclosure of relationships so that the employer can change supervision structure as necessary so that an employee is not reporting to a romantic partner.

·         Sexual Harassment Policies – Workplace romantic relationships run the risk of exposing the company to a claim of sexual harassment especially if the employees are not of equal positions within the company.

·         Company Resources – With high-level employees, with access to company credit cards and transportation, an issue may arise about whether company resources are being used for personal pursuits.

·         Bystander Complaints and Morale Issues – It is not uncommon for employees witnessing an office romance, especially between a supervisor and a subordinate, to feel that they are not getting equal treatment, including equal pay, opportunities for advancement, and the like.  This may lead to complaints and dissatisfaction within the workplace.  In addition, relationships that spill into the workplace and are sexually charged may lead to claims of a hostile work environment by coworkers.

In the end, those at the top of the corporate ladder are in a fishbowl and if their behavior, even off hours, detracts from the mission and the culture of a company, the company’s Board of Directors will seek to protect the company.

P|K Tuned-In provides general legal information, not legal advice.  You should consult your attorney for guidance specific to your particular situation.