Lessons learned at every bend

[Zoo]

Hi Opt

I know i don't post on your thread very often but I do read it

You have probably been asked this before but...are you sure that OW isn't blackmailing H in some way??

He has given me two different and probably complementary explanations:
1. She is still there because he does not want to 'lose everything', and specified me and his bussiness.

This first statement of his mades me wonder...considering the type of control you have said she has in the business...it is almost like she is holding something over his head. In the normal scheme of things a business holder wouldn't give that kind of control to someone...it would be begging for financial ruin. Something about that just doens't "ring" right if you know what I mean.

Your H does have a predicament too. He cannot fire OW simply because YOU ask him too nor because he had an A with her. It is basically illegal to do so. You generally have to have "just cause" to terminate an employee. That is why most employers will use things like counseling sheets and keep track of "occurences" etc. This allows them to terminate an employee justifiably and have paperwork to back it up withut having to worry about a lawsuit. It also has an effect on un-employment claims etc (if I remember correctly...business law class was a while ago ). If your H were to fire her because YOU don't want her there and because of the A and she can prove that...well then, she can conceivably sue your H for wrongful dismissal. If she were to win then you are looking at some not-so-desirable possibilities.

1. OW would be awarded a SUBSTANTIAL amount of money to compensate her for "lost wages, pain and suffering...possibly even defamation and sexual harrassment"

2. Depending on the wording of the paperwork that her name is on, it could be construed as her having some form of partnership or "viable interest" in the company/bussiness. If the court were to see it as such then they could conceivably force dissolvement of the business and award her her "share".

3. The courts would deem her termination as wrongful and require she be re-instated to her former position with compensation...ie: increased salary, more benfits etc or just a big lump sum payment.

A lot would depend on just how savvy this OW is. Judging by the amount of control she has managed to empower herself with...I would say she isn't "stupid" by any means

You could have H backed into a corner on this one He could very well be trying like hell to find a good "legal" reason to get rid of her but if she is performing her job properly within the parameters laid out then he is finding it difficult. He may not want to tell you about the "hold" she has either because he doesn't want you to do anything rash nor does he want to hurt you anymore. He KNOWS this is a sensitive issue for you..."why make it worse" could be what he is thinking.

One other thing..."believe none of what you hear and only half of what you see" could be something to consider when being told things by OW too She has a vested interest in your H in way of a steady income and power. She WILL tell you whatever it takes to keep control of those interests. At least that is the impression I get from your posts.

I don't know if any of this helps with your sitch but I thought I would throw it out there No, I am not a lawyer but I have had to deal with terminating employees and them trying to take things to court before. It is a nasty business

Hugz and great going on the otherwise positive changes in your R/M

Zoo