Question
Wolfgang and Gordon are two chefs who work as a sales team for BestChef. Wolfang is the senior salesperson and Gordon, the junior salesperson, is
Wolfgang and Gordon are two chefs who work as a sales team for BestChef. Wolfang is the senior salesperson and Gordon, the junior salesperson, is Wolfgang's subordinate. During the two years that they have worked together, Wolfgang has frequently touched Gordon inappropriately. When Gordon has asked about raises or promotion, Wolfgang has repeatedly told Gordon that the path to a raise or promotion runs through Wolfgang's bedroom, although Wolfgang always laughs when he says it. Gordon has never filed a complaint or said anything to anyone at BestChef about the Wolfgang's touching or comments.
Yesterday, Wolfgang and Gordon made a sales visit to Emeril's cooking store. While Gordon was giving a cooking demonstration, Wolfgang negotiated a contract with Emeril, including completing and signing a BestChef purchase order form to sell $10,000 worth of products to Emeril for 20% below BestChef's list price (to be delivered to Emeril within 10 days). Emeril had never done business with BestChef before, and he was not aware of the 15% limit that BestChef placed on its salespeople.
After completing their sales visit, Wolfgang and Gordon packed up and got in the car to leave. Gordon was driving, and Wolfgang was riding in the passenger seat. Gordon planned to drive to his home, but to stop on the way to drop Emeril's purchase order off at BestChef's office and to drop Wolfgang off at Wolfgang's home. But they never made it out of Emeril's parking lot. As Gordon was backing up his car, Wolfgang touched Gordon inappropriately, causing him to crash into Emeril's store. Gordon's car and Emeril's store were damaged, and Wolfgang was seriously injured. When questioned at the hospital, Wolfgang stated that he is gay and suffers from a compulsive sex addiction.
Analyze the extent to which BestChef is likely to be legally liable to Gordon based on Wolfgang's inappropriate touching and comments.
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