Can I get terminated for having an affair?

Workplace relationships are very risky for many reasons, and your situation is one such reason. Yes, you can be fired for having a relationship with a co-worker. You can also be fired because the employer woke up in a bad mood. Seriously. Employers are not required to have any reason at all to fire an employee. The harsh reality is employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does. There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.attorneyqna.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful. Now with a better understanding of your limited legal rights, consider a strategic solutioninstead. If you have not (yet) been fired, try hard to prevent that; convincing an employer to reverse an action already taken is difficult. Consider tackling this directly, professionally and respectfully. Ask to speak with HR. Explain your embarrassment and disappointment, and that you had every reason to believe the man was single. Say you've learned your lesson the hard way that workplace relationships are too risky. Indicate you want to continue your working relationship and value your job. Explain you care about doing a good job. Mention your good work record if you have one. Explain you would never intentionally do anything against the company's or your boss' interest. Do not blame anyone else even if you believe someone deserves it; this cannot help you. Only talk about yourself, that you want to do a good job, and you regret the situation. Ask what you can do to improve things for the future. Don't give anyone a reason to get angry. A mature conversation may change the way the employer treats you. The company may see you more favorably after this. Even if it doesn’t save your job, it may prevent a fight about unemployment and might get you a good job reference. I know it's annoying to have to do this when you didn't do anything wrong, but remember, an employer doesn't need a reason to fire you. And as we all know, the current economy is tough and jobs are hard to come by. Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place. I hope you can resolve your situation and wish you the best.

Ms. Spencer is 100% accurate. You are living in an "at-will" state. Unless you have the protection of an employment contract or civil service, you can be fired for any reason or no reason. Whether your behavior amounts to misconduct that supports denial of unemployment benefits is a separate, and very different, analysis. Best wishes for a favorable outcome, and please remember to designate a best answer.

Ms. Spencer's proactive approach to dealing with this is great advice.