This took place earlier today.. my wife, 8 year old daughter and I were on a weekend drive and a few towns away. At a point towards the end on the way home I stopped for gas and while I was pumping my wife and daughter went in to pay and grab some drinks. When my wife got into the car she told me that our daughter was asking for some suckers which my wife was saying no, thats when the gas station attendant/owner (male) came around the counter put his arm around our 8 year old daughter and said are you my friend? If i give you that sucker if will you be my friend. Then said you will always be able to have some free candy from me when you come in here to see me. Maybe its harmless, but it bothered me enough to wake me in the middle of the night thinking about it. Like any parent with how things are these days would teach their kid not to talk or take candy from someone you dont know or a stranger.. and here with the words he used and coming around to put his hands on my kid and subconsciously promoting the opposite to her. my wife even said she was made uncomfortable with the actions as well.. maybe I'm overreacting..
You are certainly right to be concerned, however, the only thing you could sue for at this point would be battery, and a battery case would not only be hard to win without real, apparent damages, it would probably be difficult to collect any damages you were awarded.
HOWEVER, I would do two things right away: report the incident to the police and to CPS, and file a report with the owner/operator of the gas station.
Finally, make sure you don't return to that station again.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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