At age 15 she began a year-long sexual relationship with her 22-year-old manager, which ended in breakup. Now she wants money from the restaurant for letting it happen. The criminal defense lawyer representing Hector Figueroa, the boyfriend/manager, says the complainant’s family knew about the consensual affair while it was going on. “She saw a pot of gold at the end of the rainbow and decided to pursue [a civil suit].” (Jordana Mishory, “Teen Sues McDonald’s Franchisee Over Sex With Boss”, Florida Daily Business Review, Jun. 21).
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The anonymity of this plaintiff remains. The anonymity of the defendant restaurant critic in the story below this one, essential to his livelihood, is pierced. Judges are biased against defendants.
According to surveys, since sexual harassment lawsuits have exploded, so has sex on the job. If employers find no work getting done due to perpetual orgies, thank a lawyer.
http://www.ncbuy.com/news/2002-11-25/1005528.html
Of the remainder who has not done so? Most likely want to, now that it is forbidden.
Sex at work. The reasonable person standard says, it happens or needs to.
The plaintiff filed when the sex stopped. Deposition question: would she drop the claim if sex resumed? A cross claim should be filed by the defendant against that mother, for negligent and improper upbringing of the plaintiff.
Using statutory rape laws for per se employer negligence is lawyer pretext, and bad faith. Settlement will represent payment for sex, an illegality. If one rewards sex at work with money, will it decrease or increase across the country?
On policy grounds, the claim will damage teen workers. Not only will money payments increase their sexual exploits at work, it will decrease their employability, by the increase in employer liability insurance premiums.
Question: while the statutory rape charge is basically at the discretion of the prosecutor, and is entirely “strict liability” (not the right term in criminal proceedings… help me out here?), wouldn’t the family knowing about for a significant length of time and not condemning it until after the fact show that there was no damage?
Doinking an underaged employee is bad form, I don’t care what the circumstances. Aside from that, how exactly did the restaurant know about the affair?
The fact that Figueroa was both seven years older than Doe, and her manager, places him in a position of trust and power, which he exploited.
Doe is a victim of sexual abuse, and as long as the statue of limitations hasn’t run out, any time is an appropriate time to file the suit.
Followup question: If the parents knew of the relationship and did nothing to stop it would not they be guilty of a host of criminal offenses, such as contributing to the delinquency of a minor?
Or, to add to Bumper’s post: Couldn’t (or shouldn’t) the parents of Doe be charged with child neglect or abuse, particularly if the parents knew about the relationship for a period of time?
To Angie: I think the real problem with this case is not that the manager abused his power, but why is the franchise being sued?
If the guy broke the law, then charge him and send him to jail. Issues like this used to be a lot simpler.
Angie,
This isn’t about whether the supervisor should be criminally charged, this is about whether McDs is liable to the family.
This is about a pay day for the plaintiff and her family and her lawyer. Nothing else.
Another case where private personal injury suit may lead to reform of a widespread practice most people would want to see reformed–underage employees being preyed on by managers. Sure the owner of the MacDonald’s franchise is likely blameless, but that franchise owner and other fast food franchisees will probably take steps to reduce the (ever-present) risk of abuse as a result of this lawsuit.
ken,
We’ve been “taking steps” to reduce this problem for DECADES at least. In this case, it was already inherently a crime (statutory rape) with no known defense (guys have been convicted on SR charges after picking up girls at BARS where they were drinking with fake ID). It’s also already against McDs policies (underage or not), I can assure you, and LIKELY a fireable offense (even if the girl wasn’t underage).
What more do you want?!? This stuff happens because people like sex (including the “victim”) and are willing to risk everything they have for it.
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