Suing a company

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Latest post 11-14-2010 6:16 AM by BigDadee63. 4 replies.
  • 11-13-2010 10:35 PM

    • kvogel
      Consumer
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    • Joined on 11-05-2010
    • PA
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    Suing a company

    My friend's husband is a manager at a chain resturant here in PA, he is having an affair with one of his bar servers, could she sue the company for pain and suffering or somethng???? Thanks for any information.

  • 11-13-2010 10:37 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,085

    Re: Suing a company

    Nope.

    No company is liable for the actions of its employees in a situation that you describe.

    Presumably, the sex is consensual.

    I seriously doubt that the employer is paying its employees to have sex, even if it happens on the clock.

  • 11-13-2010 11:14 PM In reply to

    Re: Suing a company

    kvogel:
    My friend's husband is a manager at a chain resturant here in PA, he is having an affair with one of his bar servers, could she sue the company for pain and suffering or somethng????

    She could file the complaint, but she'd lose the lawsuit and might get hit for sanctions for filing a frivilous claim. There are two problems with what your propose. In order for the employer to be liable, the actions of the employee must (1) be a wrong that she can sue for and (2) must have been an act that is within the scope of employment. This fails on both counts.

    The server isn't liable for anything because PA, like most states, has eliminated the old torts of alienation of affection and criminal conversation that used to allow someone to sue their spouse's lover as a result of the affair. Nor does your friend have any civil claim against her husband for the affair. Instead, that's settled in any divorce action they may have. Thus, there is no civil claim against the employees of the restaurant here, failing the first test.

    Second, even if PA still had an alienation of affection cause of action, the employer is not liable because the affair is not within the scope of the duties of the employees. In other words, the employer didn't hire them to carry on an affair. They do that on their own time. Thus, this fails the second test, too.

  • 11-14-2010 1:52 AM In reply to

    Re: Suing a company

    I had a friend whose husband cheated on her with a subordinate. So she, the wife, snitched him out to the higher ups in the company.  Well, he and his mistress both got fired and the wife divorced the husband.  All that led to was her with a jobless ex spouse who could not afford to pay her child support or alimony so she lost her house, her car, and a lot of other possessions.  Tell your friend to think twice before she opens up a can of worms like that.

  • 11-14-2010 6:16 AM In reply to

    Re: Suing a company

    I agree with all the reply's.  Your friend should consider seeking a consult with a Divorce Lawyer in her area.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

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