David Patton, a merchandising manager for J.C. Penney Company, was having an intimate…

David Patton, a merchandising manager for J.C. Penney Company, was having an intimate relationship with a co-worker. The store manager, McKay, told Patton that if he did not cease this relationship with a co-employee, his job would be in danger. Patton refused to break off his relationship, claiming that he did not socialize with this woman at work and the relationship did not have an adverse effect on his performance, as evidenced by his awards “Merchant of the Month” and “Merchant of the Year,” both earned while dating this co-employee. The company had no specific written policies about dating co-workers; however, McKay maintained that dating co-workers was not allowed and continued to threaten Patton’s job. Finally, Patton asked for a transfer to another department because McKay threatened to discharge him for unsatisfactory performance. McKay denied the transfer and discharged him for unsatisfactory performance. Patton filed charges against the company and McKay that his discharge was outrageous conduct that violated his privacy. Did it?

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