Can I sue my husband's employer if they knew about his affair at work?
I discovered my husband was having an affair with a coworker. He is a school bus driver and she is an attendant on the bus. I found out by looking at his cellphone record. I called the number and she said immediately, "This is Mrs. ___, yes, I know (my husband), I work with him on the bus. I have a husband."
Mrs. ___ stated and made an excuse to get off the phone. My husband denied the affair and when I called the woman back I was told I had the wrong number. My husband has an alcohol problem, and when I told the other woman she said she's going to get a transfer. She never said she did not know he had an alcohol problem.
My husband put me out of the house after I attempted suicide, and secretly applied for divorce and put a false temporary restraining order (TRO) against me. Months later, I reviewed the cellphone record and realized the affair had been going on for two years.
Here we are, a year later, going into the final divorce settlement, and my husband has quit one job (citing health problems with gout as the reason), is months behind on spousal support, and the affair continued up until at least a few months ago.
They still work together, even after the company was notified of his alcoholism and the affair. I've suffered so much emotional distress because of this situation. I'm wondering, can I sue my husband's employer because they knew about the affair? Is there anything else I can do about this? Thank you.
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ANSWER for "Can I sue my husband's employer if they knew about his affair at work?":
J (Monroe, LA):
Unfortunately, from the facts you present there doesn't appear to be a legal basis upon which you can succeed in a lawsuit against the school district. Whether or not the school district knew about your husband's alcoholism is effectively irrelevant for your purposes.
In the event his alcoholism resulted in his having caused an accident resulting in injuries to students or other third parties, the injured parties would have grounds to sue not only your husband, but the possibly the school district as well.
The district would be liable if they knew, or should have known your husband was an alcoholic, and his alcoholism was a factor in a collision and its resulting injuries.
Your only legal rights would be within the divorce proceeding. Moreover, it does not appear you have a legal cause of action against the woman with whom your husband had an affair. But the affair itself may be a useful tool for leverage in your divorce settlement.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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