Can I sue a restaurant for a sexual relationship that occurred while I was working there?

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Can I sue a restaurant for a sexual relationship that occurred while I was working there?

I’m a 32 male who had an affair with the general manager of our location. I was 16 and she was 26. She kind of started off my heavy drinking; it started during my junior year. I have my graduation picture where she brought me flowers. I was young and thought it was cool but it did some long term damage to me.

Asked on September 30, 2018 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No; there are several reasons why you can't:
1) A restaurant is not responsible for a criminal act, so if under the laws of your state, you were then too-young to consent, it was a crime (often called "statutory rape") and the restaurant would not be liable. (Employers are not liable, except in rare/special circumstances which do not here apply, for employee criminal acts because that is not part of their job descriptions--they are not hired to, and are not supposed to, commit crimes at work.)
2) If it wasn't a crime (e.g. you were then over the CA age of consent), then there is no lawsuit for a consensual affair other than a possiible complaint for workplace sexual harassment, so if you would have been able to bring any claim, it would have a sex harassment/discrimination complaint.
3) Unfortunately, the statute of limitations, or time within which you must sue, is no more than 2 years (in fact, I believe it is 300 days), so it is far too late to bring a legal action for this.


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