Ron Burgundy And Romance In The Workplace

When employees start dating, what's a company to do?

Ron Burgundy (screenshot via YouTube)

No one knows more about workplace romance than Ron Burgundy, the star of Anchorman: The Legend of Ron Burgundy. Ron, played by Will Ferrell, was the famous anchorman for a local San Diego television station in the 70s. And, in case you didn’t already know, he’s kind of a big deal. People know him. (He’s also an amazing flautist.)

While anchoring for KVWN Channel 4, Ron became enamored with his new co-worker, Veronica Corningstone (played by Christina Applegate). Ron eventually won Veronica over despite his initially unsuccessful advances, and they began a romantic relationship. While they planned to keep the relationship a secret, Ron ended up telling everyone in the office and he even announced it live on the air.

One day, however, Ron was late to work and Veronica filled in for him on air. She was a big hit with the viewership and so she was promoted to co-anchor alongside Ron. Ron’s ego was shattered. He and Veronica broke up.

This resulted in significant post-breakup tension in the workplace. Lots of name calling. Even a physical fight between Ron and Veronica. The acrimony between the two culminated in Veronica changing the words on Ron’s teleprompter to a profanity-laden version of Ron’s famous sign off phrase. He read the phrase as written on the prompter, the viewers protested, and Ron was fired. This led to a downward spiral for Ron, during which he found himself in a glass case of emotion.

Ron and Veronica’s workplace romance isn’t too dissimilar from those that employment lawyers deal with sometimes (although it’s certainly an extreme example). Like Ron and Veronica, the individuals involved usually want to keep the relationship secret for various reasons (frequently because the relationship is extramarital). Like Ron and Veronica, things get sour when the relationship ends. Like Ron and Veronica, the break-up can cause serious problems in the workplace not just for them, but for their co-workers and management as well.

What’s a company to do?

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A lot of employers like to have employees sign mandatory “love contracts” (aka Consensual Relationship Agreements) stating that the relationship is between two consenting adults. The agreement may contain certain waivers, and even an arbitration clause. The intent of these contracts is to prevent sexual harassment claims arising from the relationship between the two employees.

The practical reality, however, is that many workplace romances remain secret until things go south. The HR department, supervisors, and even co-workers are therefore usually in the dark about the romance until things have gotten ugly. And so while love contracts may avoid some liability when the romance is made known, those agreements clearly are not a cure-all for avoiding liability stemming from workplace romances given the secrecy of so many of them. (There are also a lot of ways to successfully attack and void a love contract. They’re far from bulletproof.)

I think employers need to ensure that employees are trained (at least bi-annually) on the company’s sexual harassment policies. Emphasis should be placed on the potential negative consequences for one’s career that can happen when a workplace romance turns bad and is unreported (e.g., allegations of harassment, assault, etc.). Supervisors should be trained (again, at least bi-annually) on the company’s policies, on recognizing and reporting workplace romances, and on the consequences. Combining this training with a strategic use of well-drafted love contracts can go a long way in preventing claims from workplace romances gone bad.

I believe it’s fair to say that no one wants to work with or supervise two ex-lovers. Aside from the liability issues, it can create morale and productivity problems. Hopefully by implementing the steps above, employers can avoid both of these issues.

With that, and in the words of Ron Burgundy, you stay classy!

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evan-gibbsEvan Gibbs is an attorney at Troutman Sanders, where he primarily litigates employment cases and handles traditional labor matters. Connect with him on LinkedIn here, or e-mail him here. (The views expressed in this column are his own.)