Hospitality Industry Legal Risks: California Restaurant Sued By Woman “Sexually Assaulted” By Employee Near Restroom; Failed To Perform Background And Reference Check

“…the lawsuit filed in San Mateo Superior Court alleges that Straits owners failed to provide a background or Hospitality Industry Criminal Background Checks (2)reference check for Guicoy that could have shed light on his “mental instability and propensity toward sexual assault…”

A Foster City woman is suing a restaurant where a dishwasher attempted to rape her as she waited to use the restroom on New Years Eve 2011. Now Mary Hagan, 35, has filed a $1 million lawsuit against Straits in Burlingame, claiming it could have performed a background or reference check on Jose Mauricio Guicoy before hiring him.

Guicoy allegedly grabbed Hagan and began pulling her into a closet with his pants unzipped, reported the San Mateo County Times. She was able to fight him off.

Guicoy pleaded no contest to sexual battery, and was sentenced a month later to two years in prison.

For more:  http://sanmateo.patch.com/articles/foster-city-woman-sexually-assaulted-by-dishwasher-files-lawsuit-against-restaurant

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