Zaxor;4503468 said:
at what point as a parent/company/government/or whatever is your access to my private life over the line?
where is the borders of personal privacy begin and end?
when we in America say we are the land of the free ...what is free?
when we say we have inalienable rights of life, liberty and the pursuit of happiness at what point in time does that mean a breach of personal privacy?
where is the line and where does it start?
what is personal privacy? and are we truly entitled to it?
these are questions that I am asking but no one seems to want to answer.
Here is the bottom line on the mistress based on my business experiences. I have no dog in this fight so I am only telling you what I would say if I she were working at my company.
There are policies in almost every business that has an HR department worth a squat. Those policies are usually located in the employee handbook that each employee receives and signs off that they understand everything in it even though they never open it. State Governments probably have them located somewhere else, but they would ask the new-hire to acknowledge this prior to signing on. Anyway, one of the staples in these books are about rules that prevent those in a relationship from working underneath one another. This rule is put in place due to the potential for lawsuits brought about due to discrimination and favoritism.
These suits are brought up way more than people realize because they normally end in private litigation instead of public courts. They become extremely difficult to defend against when you have a subordinate in a romantic relationship with her superior
Legally: Why They have the Supervisor/Subordinate Relationship rule
The potential issue here is in the possibility of favoritism in the hiring of the employee. She had an existing job at UA and received advancement in her new position. Now that it is public knowledge that she is having an affair with Petrino, there exists a very real possibility of favoritism that other disguntled current and ex-employees can use against UA in an unfair labor practices lawsuit. This can prove difficult to defend in court if a challenge comes about from a current or ex-employee that was passed over for a promotion while the mistress received one. Same thing for an employee let go due to budget cuts while she gets to retain her position. There are also possible lawsuits for unfair hiring practices that those who were not hired can claim unless the University rectifies the situation. Those are a few of many different scenarios where a lawsuit can occur because of this.
Financial Impact: Liability Insurance
Employers carry insurance to protect against claims, even Universities. If memory serves, this type of Insurance is called Employment Practices Liability Insurance. If an entity is sued by former or current employees due to unfair labor practices and they lose a major settlement, then this insurance kicks in to help pay the damages up to the policy max.
Two issues arise here.
- Some policies have clauses where they will not potentially cover those costs which can even go into seven figures in class action suits, especially if the people at the top are knowledgeable of the situation. In this case, the entire University is now knowledgeable, so they are potentially exposing themselves to money out of pocket if they keep her on staff. Why would the insuarnce company want to pay out of their pockets if the people they are covering are deliberatly exposing them?
- Issue two would be the raising of insurance rates due to this relationship. Insurance companies do not like having their money risked in such a fashion, some even have clauses in the contract that spell out things that they will not cover for, such as knowingly exposing yourself to said lawsuit. At a minimum they will raise the rates that UA has to pay in order to keep the coverage or they could simply drop UA and leave them needing to find another carrier. The other carrier will then charge UA the higher rates due to the additional exposure. They may not even be able to find a carrier without paying exhorbitant fees.
Why the above builds a case for her firing Her
Reason 1: Risk of lawsuit. The AD has already publicly stated that he noticed the hiring process for her position took much less time than normal. This statement, plus the public knowledge that she is indeed Petrino's mistress and he gave her twenty grand, exposes UA to hiring practice lawsuits should they keep her. They are basically saying that they acknowledge the favoritism and accept it. Someone will file a suit. Believe me, they always do.
Reason 2: Cost. Insurance rates will rise with a known risk on the staff. Those rates could end up being more than her salary for a University of that size. Why would UA keep her when they could hire someone for the normal salary that could do the job just as well? From a bottom line perspective, this makes her term a no-brainer.
Reason 3: Potential financial impact on other people. Say the University retains her. They will at a minimum have to take on additional costs in the form of a major increase in their insurance coverage fees because of their leaving her on staff. Taking on additional costs in that arena will lead to a loss of budget elsewhere. Where should the University go to cover that? The most likely scenarios would be increased tuition fees, budget cuts from one or more departments or layoffs to cover the losses. The impact of keeping one employee that willfully kept her relationship a secret even though policy dictaed otherwise has now extended to more people that played by the rules of the same institution.
Reason 4: Worker Morale. Every employee there is held to the same standard. They know the rules about relationships and follow them. If a romantic relationship begins, the normal process is to communicate with Human Resources and/or your superiors and find a new line of supervision through another Supervisor or a transfer to another department for one of the participants. If they keep her on board, what does that say to the employees that adhered to the rules all of these years? Employees that perhaps went through the process in the manner which was defined by the University? To an employee, that would scream of favoritism. So begins the rumblings for a lawsuit that could be avoided by firing the employee that did not adhere to the rules of the University.
Why firing her resolves this
They can fire her for cause since she did not disclose her relationship. She cannot file suit against them because she knowingly broke the rules. They have now dismissed her and Petrino which covers them from lawsuits. They can now state that they had no prior knowledge and once they did they termed the rule-breakers. They can state that they do not tolerate these actions and the two employees were termed because of it. No lawsuit, no insurance increase, no financial impact on others, no employee resentment (at least about this issue).
Okay, that was long winded and I have to go to a meeting. Sorry if there are any major spelling errors or run-ons, but I hope it helps answer your question Zax.