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Old 05-09-2013, 08:02 PM   #136
OceanAnnie
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How about the video evidence? What are the rules there?
I'm wondering too.

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I think she needs the Doctor to leave her alone and stop harassing her and she needs HR not to tell her it is her responsibility if the Doctor loses her job.
I do think HR should clarify the policy change to the OP. I'd also ask in person if her name was mentioned to the doctor as to whether or not the doctor would lose her job. The response should be interesting coupled with the fact they don't seem to have plans to terminate the doctor as they said they would (before they knew her position).

The whole situation is quite embarrassing for the facility and the doctor. If the OP lost her job the situation would be removed. IOW, her job could be in jeopardy if the facility doesn't follow policy and is called to the mat about not following the policy they previously stated.

So retaining an attorney could be strategic. The OP isn't working with ethical people.
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Old 05-09-2013, 08:12 PM   #137
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In many states leaving the scene of an accident warrants criminal penalties.
Not many actually....IF it happens on private property, and if there are no injuries.....as it was in this case, an unoccupied, parked car.
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Old 05-09-2013, 08:14 PM   #138
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I do think HR should clarify the policy change to the OP. I'd also ask in person if her name was mentioned to the doctor as to whether or not the doctor would lose her job. The response should be interesting coupled with the fact they don't seem to have plans to terminate the doctor as they said they would (before they knew her position).

The whole situation is quite embarrassing for the facility and the doctor. If the OP lost her job the situation would be removed. IOW, her job could be in jeopardy if the facility doesn't follow policy and is called to the mat about not following the policy they previously stated.

So retaining an attorney could be strategic. The OP isn't working with ethical people.
Thank you! This was what I was trying to say when I suggested the OP get a Lawyer. It had nothing to do with obtaining a Lawyer to assist in getting her car fixed. It's been a long day, brain is fried! I appreciate the mind meld!
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Old 05-09-2013, 08:15 PM   #139
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Thank you! This was what I was trying to say when I suggested the OP get a Lawyer. It had nothing to do with obtaining a Lawyer to assist in getting her car fixed. It's been a long day, brain is fried! I appreciate the mind meld!
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Old 05-09-2013, 08:16 PM   #140
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Dealing with the hit and run is a police matter. There might be HR consequences depending on their policies but that doesn't involve then OP.


And harassment? The Dr spoke to her once. While not smart or appropriate, I don't think that's harassment.

The OP needs her car fixed. The insurance company will take care of that.
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Old 05-09-2013, 08:47 PM   #141
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I feel I should mention that when this happened on Monday, I was told by HR that if it was an employee then it would be punishable by "termination" and was a "code of conduct" violation. We assumed it was an employee since it happened in the employee parking lot. They did not mention to me that there were security cameras which I had not paid much attention to before. Now they are pretty obvious (doh) I 100% feel that if I did this to HER car I'd have been canned immediately, I think she is getting handled with kid gloves because of her title. When this happened on Monday I was not furious, I was crying. It was not until I saw the video and how callous she was that I got so angry.
Sorry, but HR shouldn't be sharing this information with you. They're violating the doctor's rights by doing so.

OP, I don't blame you for being upset but what happens to this doctor regarding her job as a result of her causing an accident isn't any of your business. Pursue your right to be made completely whole in this matter and even extra if you so desire but stay out of the matter beyond that. It's up to HR to handle it from the employment end and the police from a criminal aspect.
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Old 05-09-2013, 08:49 PM   #142
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Dealing with the hit and run is a police matter. There might be HR consequences depending on their policies but that doesn't involve then OP.


And harassment? The Dr spoke to her once. While not smart or appropriate, I don't think that's harassment.

The OP needs her car fixed. The insurance company will take care of that.
That sums it up.
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Old 05-09-2013, 08:51 PM   #143
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And harassment? The Dr spoke to her once. While not smart or appropriate, I don't think that's harassment.
The Doctor followed the OP out to her car, and would not let her leave. OP said she couldn't get away from her. You don't think that is harassment? Even though it was only once, once is enough.
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Old 05-09-2013, 08:56 PM   #144
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The Doctor followed the OP out to her car, and would not let her leave. OP said she couldn't get away from her. You don't think that is harassment? Even though it was only once, once is enough.
Honestly, no. I think it was dumb but not harassment. But since I'm not a lawyer or law enforcement, I can't say for sure.
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Old 05-09-2013, 09:00 PM   #145
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Be an unbiased 3rd party, completely removed from the situation to look out for the best interest of the OP. Isn't that what lawyers are for?

You have the HR department covering their butts, the Doctor covering hers, who is covering the OP?

ETA: I am not saying by telling the OP she should lawyer up, that she should get all sue happy.
And I repeat, what do you want the lawyer to do?

OP has several goals here.

1. She wants to get her car repaired. She's dealing with her own insurer and they're dealing with the doctor's insurer. No one is contesting that the doctor is at fault. The OP doesn't need a lawyer at this time to pursue her claim for property damage.

2. She wants a harassment-free workplace. So far there has been one angry, uncomfortable, intimidating confrontation with the doctor. There likely won't be another. OP doesn't need a lawyer unless the doctor continues to harass her. And then, the lawyer will want to know if OP pursued complaints with HR, building security, the police, etc. OP needs to document anything that happens. Potentially she may have claims against the doctor and possibly her employer if the employer does not take action to ensure that OP is not in a hostile work environment. But not yet. If the employer retaliates against her for insisting that the hostilities cease, she'll need a l awyer. But not now.

3. She wants to see that the doctor is punished. That's not really something within her control. How the employer deals with the doctor -- OP has no right to control that decision and probably has no right to even know what disciplinary measures, if any, are imposed. HR may seek the OP's input, of course. Similarly, whatever punishment that will be meted out by the justice system is out of the OP's control. Her role, if any, is that of witness.


4. She wants to reduce her stress level. What happened to her is horrible, it shouldn't have happened, it's very stressful. But turning a hit-and-run property damage claim into a federal case and incurring legal fees in the hundreds or thousands of dollars just so you can say "talk to my lawyer"?



Well, what about preserving evidence? I've always found it useful to simply ask for a copy of whatever dicument, video, etc. I thought I needed to preserve in support of my claim. If you're going to resort to the courts to make someone preserve evidence, you need to be able to tell a court why you need it.


I would never discourage someone from seeking kegal counsel if they thought they needed representation. But I also don't think it's right to encourage someone to spebd $$$ when you don't know what you want tge lawyer to do for you.

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Old 05-09-2013, 09:01 PM   #146
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Not many actually....IF it happens on private property, and if there are no injuries.....as it was in this case, an unoccupied, parked car.
Which states? I can't pore through the 50 state laws on hit-and-run, but I don't know why the law would differentiate between private property and public roads. Maybe it wouldn't be a traffic violation, but a driver's negligence that results in thousands of dollars worth of damage to another person's property becomes a criminal matter when the person drives away from the scene to avoid taking responsibility for their negligence.

Hit and Run Laws in California
Leaving the scene of an accident is considered hit and run in California. This accident can involve another car, an unattended vehicle, another person, a pedestrian, an animal, any private or governmental property, such as a mail box or parking meter, and so on. Even if you were not at fault, leaving the scene of accident without providing necessary information to the other parties, or providing help to the injured in case of an injury, is considered hit and run.

California hit and run charges can be either misdemeanor or felony. Leaving the scene of an accident resulting in property damage is considered misdemeanors. For California hit and run misdemeanor there will be points on the driving record and fines to pay. It may sometimes even involve jail time. You should also reimburse the other party for all the damages occurred.


I just haven't seen anything that says you can hit and run on private property and it's not a misdemeanor criminal offense.
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Old 05-09-2013, 09:04 PM   #147
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Honestly, no. I think it was dumb but not harassment. But since I'm not a lawyer or law enforcement, I can't say for sure.
Fair enough

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Old 05-09-2013, 09:09 PM   #148
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I would be livid (and I'm no where near pregnant).
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Old 05-09-2013, 09:10 PM   #149
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I'm sorry, did someone say something????

Maybe they should repeat themselves.
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Old 05-09-2013, 09:30 PM   #150
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Honestly, no. I think it was dumb but not harassment. But since I'm not a lawyer or law enforcement, I can't say for sure.
As soon as the OP asked the doctor to leave her alone and she didn't, it was harassment and if the OP felt threatened it could also be considered an assault legally.
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