Handling Workplace Infidelity: HR Forum Insights, Legal Boundaries, and Practical Guidance
- Joy Alosbaños
- 2 minutes ago
- 3 min read
A recent HR forum asked: “How should HR handle situations where a workplace relationship involves a married employee and a manager, and what support or action is appropriate?”
These cases can quickly become a major issue—or even an HR nightmare. HR must balance employee privacy, workplace safety, and legal compliance, without passing moral judgment.
A Real-World Case
I encountered a similar situation during my time in the call center industry. An employee was alleged to be involved in an undisclosed relationship with a team lead. What began as workplace gossip escalated when colleagues informed the employee’s partner about the affair and urged another male employee—the boyfriend—to tell her to end it.
Believing the relationship was ongoing, the partner confronted another male employee outside the office. At the time, that employee was merely accompanying the individual involved to buy dinner. No work-related misconduct was taking place. The confrontation nevertheless resulted in a physical altercation in front of the building and led to a barangay report.
Management sought my guidance. I advised against immediate dismissal, cautioning that termination without clear legal or policy grounds—particularly in the absence of an anti-fraternization policy—could expose the company to scrutiny from the Department of Labor and Employment (DOLE). Despite this, the Operations Manager forced the employee to resign.
After the incident, the former employee admitted that the relationship with the team lead had indeed occurred. While this confirmed the allegation, it also highlighted broader issues: lack of clear policy controls, failure to follow due process, and leadership decisions that increased the organization’s legal and reputational risk.
Key takeaway: HR’s role is to manage risk, policy, and workplace safety, not morality.
Lessons for HR
Gossip escalates risk; private matters can become workplace crises.
Third-party involvement can create liability.
Clear anti-fraternization and disclosure policies empower HR to act fairly.
Protect sensitive data (RA 10173).
Early intervention prevents escalation.
Practical tip: Calm judgment, discretion, and empathy are essential. Proactive handling maintains trust and protects both employees and the organization..
Legal & Policy Considerations
Termination is allowed only for just causes (misconduct, fraud, breach of trust). Infidelity alone is not enough unless it disrupts the workplace.
Adultery laws (Revised Penal Code) do not automatically justify HR action.
Jurisprudence (Santos v. NLRC) supports dismissal if relationships undermine team harmony or managerial credibility.
HR Best Practices
Conduct discreet investigations and maintain due process.
Ensure a safe, non-retaliatory environment.
Document all steps carefully.
Offer guidance, counseling, or EAP referrals.
Focus on policy, procedure, and fairness, not gossip.
Managerial Roles & Risks
Managers require extra care:
Encourage disclosure.
End relationships that affect the workplace.
Adjust reporting lines to avoid conflicts.
Apply disciplinary actions per policy.
Monitor team morale and provide coaching.
Recommendations
Establish clear disclosure and anti-fraternization policies.
Provide ethics and boundary-setting training.
Train HR to handle sensitive cases without bias.
Consult labor law practitioners when necessary.
Promote transparency and safe reporting under RA 10173 and RA 11313.
Poorly handled cases often lead to illegal dismissal claims. Stick to policy, evidence, and legal guidance.
Discussion Question
As an HR professional, how would you handle a similar situation in your workplace? Have you faced challenges with managerial relationships affecting team dynamics? Share your experiences below.
Disclaimer
This article reflects professional opinion and experience. HR practitioners should consult qualified legal counsel when handling workplace relationships, disciplinary actions, and compliance with RA 10173 (Data Privacy Act) and RA 11313 (Safe Spaces Act).
About Me:
Joseline M. Alosbaños, known as the HR Carousel Ringmistress, is a Philippine-based Certified HR Practitioner with over twenty years of experience in Human Resources Management. Her extensive career spans various sectors, including corporate, freelancing, and consulting, equipping her with a wide range of skills. Joseline excels in employee relations, talent acquisition, total rewards management, HR operations, and organizational development, successfully implementing HR strategies that align with business objectives and promote a positive workplace atmosphere. If you require my services, feel free to contact me at joyce.alosbanos@gmail.com.
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