MEMORANDUM AND ORDER
PLATT, District Judge.
Defendants move to dismiss plaintiff's State common law claims for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants make the following arguments in support of their motion: (1) the State claims are barred by the New York statute of limitations applicable to intentional torts; (2) the claims are preempted by the New York Workers' Compensation scheme; and (3) WEIGHT WATCHERS INTERNATIONAL, INC. ("Weight Watchers") is not liable for the wrongful acts of PIERRE LILAVOIS because those acts were not within the scope of his employment. As explained more fully below, defendants' motion is granted; the intentional tort claims are barred by the New York statute of limitations and the negligent hiring, retention, and supervision claim is barred by the exclusivity clause of the Workers' Compensation statute.
Weight Watchers hired LINDA WALKER in August 1994 as a data entry clerk. Lilavois was Walker's immediate supervisor from August 1994 until September 1995. Walker alleges that in December 1994 Lilavois sexually harassed her at a Christmas party held for Weight Watchers' employees. She avers that Lilavois continued to make unwanted advances and on many occasions detained plaintiff against her will both in his office, where he touched her breasts, hips, and other body parts, and outside his office on Weight Watchers' premises. Plaintiff contends she consistently rejected Lilavois' advances.
In March 1995, plaintiff filed internal sexual harassment charges against Lilavois. Plaintiff alleges that Weight Watchers organized a meeting to discuss her charges and that Lilavois admitted to inappropriately touching Walker and asking her out on romantic dates. However, according to Walker, Weight Watchers failed to take any action to correct the situation. Rather, Weight Watchers and Lilavois allegedly initiated a course of retribution and retaliation against Walker which included assignment of physical labor not within her normal job responsibilities, unjustifiable refusal of vacation and personal days, poor performance evaluations which did not accurately reflect her work, and subjection to closer scrutiny than the rest of her co-workers.
On July 6, 1995, Walker filed a complaint with the New York State Department of Human Rights ("SDHR"). SDHR forwarded Walker's complaint to the Equal Employment Opportunity Commission ("EEOC"), which issued Walker a right to sue letter on July 6, 1996. Walker timely filed her Complaint in this action.
Walker's Complaint alleges that the defendants violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e et seq., and New York's Human Rights Law, N.Y. Exec. Law § 296. The Complaint also sets forth the following common law tort claims: (1) assault and battery, (2) intentional infliction of emotional distress, (3) false imprisonment, and (4) slander and negligence.
In determining whether plaintiff has set forth a claim upon which relief may be granted under Rule 12(b)(6), the Court must accept her factual allegations as true, Papasan v. Allain, 478 U.S. 265, 283, 92 L. Ed. 2d 209, 106 S. Ct. 2932 (1986), and construe all allegations in her favor. La Bounty v. Adler, 933 F.2d 121, 123 (2d Cir. 1991).
A. Worker's Compensation & Respondeat Superior
1. Intentional Tort Claim
Defendants argue that plaintiff's intentional tort claims should be dismissed on the grounds that they are preempted by the Workers' Compensation Law or, alternatively, that Weight Watchers is not responsible for Lilavois' acts because he was not acting within the scope of his employment.
Though Section 11 of the Workers' Compensation Law provides an exclusive remedy for aggrieved employees, there is a well-established exception for intentional wrongs committed by the employer. See N.Y. Work. Comp. Law § 11 (McKinney 1997); Realmuto v. Yellow Freight Sys., Inc., 712 F. Supp. 287, 289 (E.D.N.Y. 1989) (Wexler, J.) (recognizing exclusion of intentional torts from exclusivity provision). See also Acevedo v. Consolidated Edison Co., 189 A.D.2d 497, 596 N.Y.S.2d 68, 70-71 (1st. Dept. 1993).
To fall within the intentional tort exception, the employee must allege that the employer's conduct was "engaged in to bring about the consequences of the act." Finch v. Swingly, 42 A.D.2d 1035, 348 N.Y.S.2d 266, 268 (4th Dept. 1973). Mere knowledge or appreciation of risk is not sufficient to invoke the exception. Id. See also Acevedo, 596 N.Y.S.2d at 70-71 (acknowledging intentional tort exception but stating that there must be "an intentional or deliberate act by employer directed at causing harm to particular employees"); Ralph v. Oliver, 186 A.D.2d 977, 588 N.Y.S.2d 444, 444 (4th Dept. 1992) (stating assault claim may be maintained outside statutory scheme when employee can demonstrate assault was committed outside scope of employment and done with "deliberate intent or conscious choices"); Realmuto, 712 F. Supp. at 289 (stating that a complaint alleging intentional infliction of emotional distress must assert "specific allegations that . . . corporate defendant committed intentional, willful acts").
Though Weight Watchers argues that their actions do not rise to a level sufficient to invoke the exception, dismissal of plaintiff's claim on this basis is inappropriate at this point. Plaintiff's allegations, taken as true, indicate that Weight Watchers' actions may have been "intentional" and could therefore state a claim upon which relief could be granted.
Weight Watchers argues further that it is not liable for Lilavois' wrongful acts because he was not acting within the scope of his employment. In New York, employers are vicariously liable for the wrongful acts of employees acting within the scope of their employment. Riviello v. Waldron, 47 N.Y.2d 297, 418 N.Y.S.2d 300, 302, 391 N.E.2d 1278 (1979). The standard for deciding whether an employee was acting within his scope of employment is "whether the act was done while the servant was doing the master's work, no matter how irregularly, or with what disregard of instructions." Id. (citations omitted). Determination of whether an employee was "doing the master's work" is such a fact specific inquiry that it is most often a jury question. Id. at 303. The New York Court of Appeals has enumerated the following factors to determine whether an employee's actions fall within the scope of employment:
(1) the connection between the time, place and occasion for the act, (2) the history of the relationship between employer and employee as spelled out in actual practice, (3) whether the act is one commonly done by such an employee, (4) the extent of departure from normal methods of performance, and (5) whether the specific act was one that the employer could reasonably have anticipated.