Office romances. What’s an employer to do?

Valentine’s Day is this week and quite fittingly, we turn our thoughts to the ever sensitive subject of office romance. And whether or not it’s company culture to frown on personal relationships in the workplace or to look the other way, they do happen.  Strong bonds develop when employees work long hours together— and nowhere is that more true than in the intense environment of a small business or start-up. Couple that with social media platforms that keep us connected to our co-workers 24 hours a day, seven days a week, and you have the ingredients for office romance.

So the question is, how should you handle it?  Look the other way in the hopes that either the relationship will be short-lived and others won’t notice or that one of the employees in the relationship will leave the company and/or department?  Or wait until the relationship turns sour and either you are dealing with a sexual harassment complaint or other employee relations issues as employees “take sides” or claim “unfair advantage”?  And what about employees losing focus on work projects as they deal with their relationship issues that have spilled over from their personal lives into their work lives?

ThinkHR recommends that employers consider the following practical tips in managing office romances:

  1. Recognize the fact that office romances can blossom in your organization, and alert your employees regarding your expectations for managing their personal issues outside of work.
  2. Review your company policies regarding office relationships.  Most companies have written policies that discourage or prohibit managers from dating subordinates embedded in their sexual harassment or ethics/conflict of interest policies, but most are silent on issues of co-workers dating.  Consider your company culture and the likelihood that you might be faced with an office romance that could lead to consequences where the employer loses the most at the end.  If you determine that the risks of this happening are low, then we recommend that you ensure, at a minimum, that you have a policy in place discouraging supervisor-subordinate relationships.  It can help to have it “on record” that you do not encourage romantic office relationships.
  3. While this might not protect you from liability in the event of a relationship ending badly where one of your employees claims that the end of the relationship includes on-the-job harassment or retaliation, some employment lawyers recommend creating a “relationship contract” or “love contract” between the two parties in an office romance.  While we do not necessarily recommend this “contract” because it is probably not binding in the true legal sense of offering the employer protection from harassment or retaliation claims in the workplace, it may provide the following advantages:
    1. It documents the fact that the two employees are agreeing that their romantic relationship has been entered into freely and without coercion.
    2. It reinforces the company position that the company has not approved or encouraged the office romance.
    3. It can also reinforce both employees’ awareness of the company policies regarding conduct in the workplace, sexual harassment and conflicts of interest.

The bottom line is that you know your employees and the type of company culture you want to nurture.  We recommend that you think through how you would want your employees and managers to handle the types of issues that arise with office romances in advance of actually be faced with the situation so that you are prepared and ready.

Laura Kerekes is the Chief Knowledge Officer for ThinkHR Corporation, a national hotline and online resource for small businesses seeking help in navigating the complex waters of workforce management.  Follow ThinkHR on Twitter and Facebook for daily tips or give them a call for live support: 925-225-1100. 

Deborah Sweeney

Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With extensive experience in the field of corporate and intellectual property law, Deborah provides insightful commentary on the benefits of incorporation and trademark registration. Education: Deborah received her Juris Doctor and Master of Business Administration degrees from Pepperdine University, and has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in corporate and intellectual property law. Experience: After becoming a partner at LA-based law firm, Michel & Robinson, she became an in-house attorney for MyCorporation, formerly a division in Intuit. She took the company private in 2009 and after 10 years of entrepreneurship sold the company to Deluxe Corporation. Deborah is also well-recognized for her written work online as a contributing writer with some of the top business and entrepreneurial blogging sites including Forbes, Business Insider, SCORE, and Fox Business, among others. Fun facts/Other pursuits: Originally from Southern California, Deborah enjoys spending time with her husband and two sons, Benjamin and Christopher, and practicing Pilates. Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Deborah, and MyCorporation, have previously been honored by the San Fernando Valley Business Journal’s List of the Valley’s Largest Women-Owned Businesses in 2012. MyCorporation received the Stevie Award for Best Women-Owned Business in 2011.

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