QUESTION

Can I sue my doctor employer for slapping me in the face?

Asked on Dec 29th, 2014 on Labor and Employment - California
More details to this question:
I work at a doctors office and we all get along. A few days ago, one of the doctors was at my desk and I said, "boo". He turned around, laughed, asked for an envelope, I gave it to him then he turned back around and "jokingly" slapped my face three times. I was so upset I told him I didn't like that and he said it was a joke. No scars or marks but one employee saw and another heard me scream at the doctor. I filed a complaint with management but can I sue? If so, for what?
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3 ANSWERS

Since the incident occurred at work, it would be covered by Workers' Compensation law but there is an except for physical assaults and battery. So, yes, you could sue the person who hit you and you could collect some damages, but probably not much because basically it was only your feelings that were hurt and probably not with really significant evil intent. But what will the effect be on your work relations? That physician will not speak to you, your boss may consider you a trouble maker [after all, it is probably easier and cheaper to hire a replacement for you then him], and complaining to the head of the office will have the same result of preventing him from hitting you again. I do not think suing him is worth it.
Answered on Dec 30th, 2014 at 7:19 PM

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Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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A 'joking' slap in the face would be a Workers Compensation claim, most likely for a psychiatric injury given there was no labor-disabling physical injury. There is a possible criminal assault, but you needed to advise the police at the moment (and it is doubtful the cops would come or if they did, an arrest would be unlikely). Did you want there to be a psychiatric injury on a public record? If you try to adopt or be a foster parent or enter a profession requiring a psychiatric screening, you do not want a psychiatric injury history to explain. A NEW JOB, a better job is the best revenge. If an employer is willing to 'joke' slap you, that employer doesn't want you around and wishes you would go. Do not stay where you are disrepected, go where you will be honored and valued.
Answered on Dec 30th, 2014 at 7:17 PM

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Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answered on Dec 30th, 2014 at 7:17 PM

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