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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1281
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My wife was a very insecure, vulnerable woman. A guy she

Customer Question

My wife was a very insecure, vulnerable woman. A guy she worked with took advantage of that and manipulated her into having sex with him. He wormed his way into her life, he was an electrical engineer and she an electrical buyer that did work for him and with his position and her insecurity he established himself as her leader. Without any intentions of ever having any kind of relationship with her accept a sexually one, he was able to get in her head and manipulate her into doing things she didn’t want to do and did just that for 3 years until I discovered it. She says she didn’t know how to get out of it. Then all hell broke loose and I suffered PTSD. As a result much pain and suffering was caused on our entire family and I still suffer the effects of PTSD. Meanwhile he goes along and pays no price for the destruction he caused my family, we have been changed forever and our kids have been subject to the negative effects of the PTSD that I have suffered. I feel he’s a sexual predator that took advantage and prayed on my wife’s vulnerability causing great harm to my family. Is there any recourse for us? We live in California.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.


This is a tricky issue, principally, because California has abolished what is known as "heart balm" lawsuits (e.g., "intentional alienation of affections") Cal. Civil Code Sec. 43.5. Questions:

1. Has the employer (i.e., a manager of your wife or the coworker) been aware of this relationship?

2. Does the coworker have any authority to directly and adversely affect your wife's employment (fire, demote, reduce pay), or the ability to influence a manager with such authority?

3. Is there any extrinsic evidence of this relationship (third-party witnesses, email, texts, voicemails, etc.)?

4. Did the last occurrence of intimacy occur within the last 12 months?

Thanks in advance for your assistance.