Labor & Employment
‘Love Contract’ Can Legalize Office Romance
Posted Jun 6, 2008, 03:54 pm CDT
By Martha Neil
An apparent proliferation of workplace affairs is sending a steady stream of new business into the offices of employment lawyers with a specialized practice expertise: the so-called love contract.
Eager to avoid possible litigation and embarrassing headlines should the romance sour, the parties concerned and office administrators are calling on legal counsel to draft an appropriate "consensual social relationship agreement" to protect potential defendants, reports the New York Law Journal in an article reprinted by New York Lawyer (reg. req.).
If the right language is used, otherwise illicit office flings and even old-fashioned romances among co-workers can be immunized in advance from potential litigation, according to John Bauer of Littler Mendelson, one of the gurus to whom would-be love contract parties can turn. His 700-lawyer San Francisco-based firm pioneered the concept, which has been around for a decade or so but has recently gotten more popular.
Among other provisions, the agreements commonly call for parties to confirm they weren't coerced due to subordinate status but "independently and collectively, desire to undertake and pursue a mutually consensual social and/or amorous relationship," the legal publication recounts.
Says Bauer: "This is not a huge part of our practice. But at any one time we have an attorney or two drafting one of these love contracts."
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Comments
Posted by bd - 4 months, 4 days, 18 hours, 45 minutes ago
I cant imagine this legalizes sexual behaviour in the workplace. If so, I will be that women will be the victims (again). I remember that a contract relating to meritricious services was unenforceable. Is that not still the law? Can a a party get away with having illicit sex and then waive the contract in the face of the associate after he doesnt promote her and defeat a discrimination claim? If there is a form agreement on the web, it would be interesting if someone could post it (taking out the names of the sinners, of course).
Posted by jb - 4 months, 4 days, 14 hours, 11 minutes ago
I have not seen one, but would not sign one, if asked. Romance is intensely personal, and no good can be had by signing a contract relating to love (other than a marriage contract, which we can enforce thru divorce/settlement/etc). I won’t sign a document permitting me to have a fat partner slobber all over me. Likely he’d want specific tasks performed under pain of breech. No I’d be silly to sign a contract just for the privilege of sex - which is in my control already. For many years we have gotten the short end of the stick by signing pre-nups, and this probably is not much different. You must have to agree to give up any claims for sex/age discrimination, sexual harassment, and other laws. And for what? So some guy can dump you for the next cute 1st year associate with stars in her eyes? Query the consideration for exectting this agreement? In consideration for continued employment by XYZ law firm? 3 $100 dinners per week? Diamond Baubles? Do we have to sign away our lives for a job now? No way! I say to heck with the fat partners that want us to sign away our rights for love. That ain’t love. That’s business! And it is no business to make me a contract for Love.
Posted by bj - 4 months, 4 days, 14 hours, 1 minute ago
Should there be another affidavit affirming the the parties weren’t coerced into signing the contract? On the other hand, it’s only a contract FOR meritricious services that isn’t enforceable; this doesn’t sound like a services contract (spare me the jokes on this one, please). It doesn’t sound like a contract at all, just a waiver of something or other; the article isn’t clear on what. Basically, it’s a CYA for the firm, not the individuals. And not all sexual relations between coworkers are “illicit”; many are quite legal and non-problematic. Whether you consider them sinners, of course, is entirely up to you, but that’s not a legal issue.
Posted by rk - 4 months, 3 days, 23 hours, 18 minutes ago
This thread is missing a potential boon for women. Yes, it’s true that the “contract” is likely designed to protect the firm and its partner (99% of whom will be male, likely balding and likely with bad breathe) from liability from the associate (99% of whom will be women, likely young and pretty) who are later jilted, discriminated against, or otherwise dumped after they have engaged in “love” (however defined) with the aforementioned partner. Having outlined the basic facts, I think we can protect ourselves. No one is forcing us to sign blindly, and if we do, shame on us. By carefully NEGOTIATING the contract before signing it; including provisions that can protect us against this overt discrimination, we can win. We need not blindly go along with a form document as a prerequisite for having the fat, balding partner with bad breath jump our bones. As we know, it is the partner that is starving, hungry and pressing for more “love” and , with a little restraint and thought, we can all just tell him to hold it until such time as the contract is redrafted to include provisions we need to have; namely; that at time zero, we are already at the top of the class; we are worthy of promotion; bonuses, etc (which we can build DIRECTLY into the contract). We can insert contractual guaranteed bonuses directly into the contract irregardless of performance (think pro sports contracts); guaranteeed partnership or other benefits after X years; guaranteed scheduled vacations or penalty payments for any extra work over and above in case we can’t take the vacations; arbitration of any disputes with arbitrators of OUR choice (not the firm’s); and so on. Most importantly, the agreement cannot be confidential. It must be subject to public scrutiny (The partner’s wife will be the first one we can show the contract to if there is a problem). We can turn the tables on these partners; if they so much want for us to engage in extrarricular activity under contract with us after work; we can build in protections (going down to the speccific 5 star hotels we must go to, to the restaruants and other quid pro quos required for engaging in this extracurricular activity). After all, these are hours out of our lives that might well be better spent with our own friends. I say we can do it right if we think about it. And I don’t think this is illegal, just smart.
Posted by puke - 4 months, 3 days, 22 hours, 10 minutes ago
To number 4: Would you sleep with someone for a million dollars (at a 5 star hotel w/ guaranteed bonuses)? “Well, sure.” Would you sleep with someone for $1 “Of course not, what kind of woman do you think I am?!” We already know what kind of woman you are, now we’re just haggling over price.