Green Consume denies liability in assault lawsuit

Joy Lee Corp., which does business as Green Consume Market, is denying the vicarious liability charge that had been filed against it by a former employee who claims she was assaulted by Green Consume’s store manager, Ren Wei Li.

Joy Lee denied both the vicarious liability charge and accusation of constructive discharge and is asking the Superior Court to dismiss the complaint.

Earlier this year, Maria Elena Sapo sued Joy Lee Corp. and its store manager, Li, on the grounds of wrongful and constructive termination, assault and battery, intentional infliction of emotional distress, and vicarious liability.

Colin M. Thompson, who represents both Joy Lee and Li, argues that Sapo failed to provide proof that Joy Lee is vicariously liable for the assault and harassment she allegedly faced while employed at Green Consume

“Sapo failed to provide any statement or factual accompaniment to demonstrate that as alleged, Li’s conduct was assigned by Joy Lee, on behalf of Joy Lee, for the benefit of Joy Lee, or that Li engaged in a course of conduct within Joy Lee’s control. Rather, Sapo seems to rely upon the simple fact that, because Li’s alleged conduct took place at Joy Lee’s place of business, Green Consume, Joy Lee is vicariously liable,” Thompson said.

Because of this, Thompson argues that the vicarious liability charge against Joy Lee must be dismissed.

“It is simply not enough that assault and battery take place at work or takes place between coworkers to invoke vicarious liability on an employer,” Thompson said.

Lastly, Thompson argues that because Sapo failed to prove that Joy Lee had any knowledge of Li’s misconduct, she fails to state a claim for the charge of constructive discharge.

“Because Sapo failed to allege Joy Lee had ever received any knowledge of the alleged misconduct by Li, failed to allege that Joy Lee contributed in any way to the conditions which Sapo claimed were intolerable for her continued employment, and the extremely short duration of time between the two alleged incidents and her resignation, Sapo has failed to state a claim for constructive discharge,” Thompson said.

According to the complaint, Li allegedly often verbally harassed Sapo during her employment at Green Consume by telling her he wanted her to be his girlfriend and would allegedly put a hand on Sapo’s back at times.

Sapo said she kept telling Li that she did not want to be his girlfriend and that she had a boyfriend.

Sapo said she did not quit her job or complain to the police because she was afraid of not being able to find another job.

On March 2, 2022, Sapo claims she was tasked with opening the store when Li came to hand over some money. Sapo alleges that when she received the money, Li ran his hand across her chest. Sapo said she immediately wrapped her arms around her chest and looked angrily at Li.

The next day, when Sapo reported to work, Li allegedly appeared to be upset about a minor error Sapo made. Sapo claims Li yelled at her in front of customers.

Sapo added when she explained the error, Li continued to yell at her in front of customers, claiming he wanted to embarrass her and show her that she would suffer because she refused to let Li touch her.

Sapo decided then that she could not take it anymore and told Li that she was quitting her job and would call the police. Sapo said she called police that day to report the alleged sexual harassment and stopped working at the store.

When asked about video surveillance in the store, Li claimed that there was an issue with the cameras and that there was no video surveillance of the incident. However, Sapo claims that the cameras were working and the store did have video surveillance of the incident. There was no report of malfunction either the day before or the day after regarding cameras in the store, the complaint stated.