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Employment attorney Anna Cohen, writing in HR Hero Online, suggests that no-dating policies can be problematic, as it is difficult to define exactly the type of behavior that will be restricted. United Parcel Services, the 7th Circuit appellate court upheld a no-dating policy that forbade managers from a romantic relationship with any hourly employee, as long as it was consistently enforced.However, in its opinion, the court also stated that the policy may have gone too far.
No-dating policies generally ban dating between a supervisor and their subordinate.Q: My business partner is dating one of his direct reports.To avoid the appearance of a conflict of interest, he wants her to report to me instead.Your partner’s expectation that you will now supervise his love interest isn’t coming from a place of leadership or ethical awareness.When a supervisor dates an employee it is never a private matter.)If not, one way to try to create a win-win is to help the employee find a new job (if that is what she wants).
Dating an owner can reduce a talented professional to being considered “the boss’s girlfriend,” which can inhibit her colleagues’ trust and the flow of information, torpedoing work collaboration.
If she agrees that it would be best for her to move on, ask people in your network if they know of an equivalent—or, ideally, better—position at another company.
(But keep your clients and vendors off the list of prospects—that’s just another ethical mess waiting to happen.) Yes, your partner could take a leave of absence to pursue other professional options and remove himself from day-to-day business decisions, but that doesn’t sound like a good long-term fix.
So, from both the business and ethical perspectives—to keep your staff from getting distracted by a soap opera and to give the employee involved an opportunity to leave a complicated situation and come out even (or ahead) professionally—you should focus on separating the work and romantic relationships.
Once you have this situation sorted out, I recommend taking a look at the larger issue of interoffice romances.
Use the counsel of your attorney and HR expert to develop policies that reinforce the kind of work culture you are trying to sustain.