Can I sue a company if they have an employee that violated my personal space?

UPDATED: Sep 29, 2022

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Can I sue a company if they have an employee that violated my personal space?

I was in the restroom and the employee decided to stand on stool and look in the stall I was using.

Asked on August 26, 2015 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you cannot sue the employer for this
1 An employer is not responsible for the criminal acts like being a peeping tom of its employees, because such criminal acts are not within the scope of employment e.g. the employer does not hire the employee to be a peeping tom and employers are only liable for acts committed within the scope of employment.
2 Even if the employer were liable, you would not recover any money for a privacy violation that did not result in some loss or damage to you the civil court system lawsuits provides compensation for losses or damages, not just emotional upset.
This is best pursued with the police.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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