Legal Question in Sexual Harassment in California

i was at a mall kiosk and the employee made me feel very uncomfortable with his excessive hugging, kissing, touching and I felt that the only way out was to buy his product so i could leave. isn't there any legal action i could take against him?


Asked on 12/11/10, 9:45 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Any touching of any portion of your body is a battery whilch is both a crminal violation and the basis of a civil lawsuit for damages. The owner of the kiosk may be liable for his employee's acts [assaults and battery is not part of the job discription], and the mall owner might also be liable if they were aware of the employee's behavior.

I am concerned that you refer to it as being "excessive", as though any of it were acceptible. I assume you are a teenage girl; you have to learn to tell strange men to back off and not touch you, let along kiss you. You should have yelled at him to stop and kicked him in the shins when he would not. You can not be so passive as to try to end such a situation by doing what he wants, buying his merchandise. Do not let people run over you! Definitely complain to the mall management and the owner of the stand.

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Answered on 12/16/10, 10:51 pm


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