Lomita, CA asked in Employment Law and Sexual Harassment for California

Q: I used to work at in-n-out burger when I was a teenager and my boss was sexually harassing me and I told management

They gave me two weeks paid time off and fired him now I’m 39 years old and I can’t have a relationship because of what he did to me.. can I sue them for what I’ve had to go through. Back then I was so young and didn’t realize what damage this caused

4 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Maybe. There is a long statute of limitations for sexual abuse of minors. Contact one of us to discuss the particular facts of your incident to determine whether you can still present your claims.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The time has long since passed for you to file a workplace sexual harassment claim. You had, at the time, one year to file an administrative complaint with the Department of Fair Employment and Housing to preserve your right to sue for sexual harassment in the workplace.

You are fortunate, however, that the law has recently changed to open up a small window in the statute of limitations for claims of sexual-related personal injury claims. It would be wise for you to immediately locate and consult with a personal injury attorney who is familiar with this new statutory window. Move quickly because you might lose your rights if you do not.

Good luck to you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I recommend consulting with a qualified employment law attorney right away to avoid any further statute of limitation complications!

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear you went through that traumatic experience at such a young age. As for whether you can sue In-N-Out now, a few things to consider:

- Statute of limitations - There are time limits on how long after an event you can legally sue. Contact an attorney for more details on these.

- Evidence - These types of cases require strong evidence of the harassment and damages. After 20+ years, evidence may be difficult to establish.

- Liability - Even if within the statute of limitations, In-N-Out may not be legally liable for your emotional damages years later. They took action by firing the manager at the time.

- Damages - You'll need to prove clear financial and emotional damages directly resulting from the harassment. After so many years, it may be hard to draw a direct line to the incident.

My advice would be to focus less on trying to sue In-N-Out after so long and more on seeking therapy to process your trauma. A good therapist can help you work through what happened and build the skills to have healthy relationships. I wish you the very best in healing from this.

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