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Given the power a supervisor wields over subordinates, it could be very difficult for the employer to establish anything to the contrary.A subordinate also could claim retaliation if he is given a poor performance review after the relationship ends.My response is that you should only enact policies you intend to enforce consistently.Let’s first consider a total ban on fraternization in the workplace (assuming you can clearly define “fraternization”).The situation is also likely to lead to claims of favoritism by other employees—which could have their own legal bases but, in any event, will affect morale.To policy or not to policy I’m often asked whether a company should have a policy against dating in the workplace.Yes, workplace romance can be managed if two people really care about one another, keep their relationship as quiet as possible and act like professionals at work.However, sometimes the crazy creeps in and that’s when a workplace romance policy can protect your company. Download our free e-book, 7 Most Frequent HR Mistakes and How to Avoid Them.

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The reason: an internal inquiry into his relationship with a 26-year-old female employee. As companies grow and add employees, you will often see signs of budding workplace relationships.As the old saying goes "you don't dip your pen in the company ink." In other words, you shouldn't get into a dating or sexual relationship with a co-worker.But consider this: according to a recent Workplace Options survey, nearly 85% of 18-29 year olds would have a romantic relationship with a co-worker, compared to just over 35% for 30-46 year olds and about 30% of 47-66 year olds.Here are a few common stipulations that companies include in an employee dating policy: Having a formal policy doesn’t mean you have to write someone up every time you find out about a casual date.However, you do have to act immediately if productivity is affected, if you get complaints from employees, or gossip and conflict are tearing a department apart. Some conversation starters might include: Should employees get involved, some companies have the partners sign a “love contract.” Such documents specify that the relationship is consensual, that the pair will behave professionally, won’t engage in favoritism nor will take legal action against the employer, or each other, if the relationship ends.Chas Rampenthal is general counsel and vice president of product development at Legal Zoom.