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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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