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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12359
Experience:  JD, MBA
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I am a pastor and my wife as well. She was trying to help

Customer Question

I am a pastor and my wife as well. She was trying to help out one of the richest families in Florida with a family matter regarding one of their children. She would often stay in another city for days at a time to help the family. While there, one of their personal security guards was assigned to take care of my wife. He persistently hit on her and mad advances. She resisted and turned him down, but eventually she gave in and had sex with this man. She is remorseful over all of this and will lose her job with the church. I will probably lose my job/career over all of this as well. The future of the marriage is in doubt, but what I want to know, is there any legal action I can take since the man working for the rich man should have kept a professional boundary. This has all come at great cost to our lives.
Submitted: 2 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 2 years ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If I understand you correctly, you're asking if there is any legal action you can take against the personal security guard. Is that correct?

Customer: replied 2 years ago.
No, is there any action I can take against the Company he was employed by which is owned by the Billionaire. The Billionaire also repeatedly tried to make advances at my wife. Tried to kiss her and she always pushed him away. He is 80 years old so not a problem there. My wife is a very beautiful women. She has texts from him (Billionaire) that were inappropriate as well but never did anything with the Billionaire. Very sad when she was there trying to help him out with a very serious situation with one of his children. I want to know if the Billionaire's company can be held responsible for one of its employees not keeping a professional boundary in the workplace and continuously hitting on my wife until she gave in one time and now she is in total regret.
Expert:  TJ, Esq. replied 2 years ago.

Hello again. Thank you for clarifying.

But I'm sorry to say that the answer to your question is no. First and foremost, the billionaire is not liable for the actions of his security guard since the security guard was not acting within the scope of his employment when he seduced your wife. In other words, he was not furthering the billionaire's agenda. More importantly, however, is the fact that Florida would not allow recover anyway, not even against the security guard himself:

"Previously existing rights of action to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry have been abolished by statute. In enacting the statute, the legislature has determined that the best interests of the people of Florida would be served by the abolition of such remedies. The statute expresses the public policy that domestic quarrels should not be the subject of damage suits and jury trials." 25A Fla. Jur 2d Family Law § 489.

Accordingly, you would not be able to win a lawsuit against the security guard, and if you could win against the security guard, then you would not be able to win against the employer (i.e., the billionaire). An employer can only be liable if both of these are true: (1) The employee acted within the scope of his employment when the act was committed, and (2) the employee himself could be held liable. In this case, it looks like neither is true.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need any more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!