Outten & Golden LLP
Tammy Marzigliano and Delyanne Barros, Outten & Golden LLP, 2009
With Valentine’s Day around the corner, what better way to discuss love than in contractual terms? Workplace romances are increasingly common and employers are aware of this. In a 2008 survey by Vault.com, 58% admitted to having an office romance and another 12% would be willing to engage in one if given the opportunity. Not surprising in light of the reality that most of us have so little time left over after work and sleep that our place of employment is our main chance for finding a mate.
In the last few years, companies have responded to this reality by instituting what has been popularly dubbed as “love contracts.” These contracts may contain several different provisions, but most commonly it seeks to establish that the two employees are in a consensual dating relationship and that they will not allow the relationship to interfere with their work productivity. One sample love contract provided that by signing the love contract, the employees “notify the company that [they] wish to enter into a voluntary and mutual consensual social relationship” which they “are both free to end . . . at any time. Should the relationship end, [they] agree that [they] will not allow the breakup to negatively impact the performance of [their] duties.”
The contract can also refer to the company’s sexual harassment policy and “that entering into the social relationship has not been made a condition or term of employment.” Most important to employers, the contract may limit the grievance process to arbitration only, potentially limiting an employee’s right to file a lawsuit in court.