Apartment Manager & Mother Fired :( Do I have a case??

[thatsjustgreat]

What is the name of your state (only U.S. law)? California

PLEASE HELP. I don't know what to do, but I know I've been wronged:

My boss fired me a week after I was the victim of domestic violence; the reason he gave for firing me was completely ludicrous (the supposed reason being that I didn't serve notices which I DID serve to about half of the building, that half being the units that our company managed, per the instructions of my direct supervisor. Keep in mind that this building regularly has pipe issues because it's an old building & the company won't shell out the money to fix it correctly, so they shut the water off to the whole thing on a regular basis without serving notices to ANYONE, so firing me for not serving notices to the part of the building that was privately owned- per the instructions I received from my direct supervisor- is completely ridiculous, the notices in question were for a kind of fire system testing called Reg 4 testing, which my supervisor told me wouldn't affect the privately owned units! As you can see, this is a long story, but I assure you, their reasoning for firing me was ridiculous. I believe they wanted to get rid of me because I was still refusing to back down on the pay cut they gave me, which I will discuss further in a minute, and the domestic violence incident, which I suspect may have been followed by my ex & his friends/family calling their corporate office to make false complaints about me). It was an apartment management job and I'm a mother so this now puts my children on the verge of homelessness; I wanted to have the option to stay in the apartment so the kids wouldn't have to go through the trauma of a move, which my boss said we could negotiate, but now they're trying to overcharge me for rent due now before I can sign a lease & have the option of staying in the building. I also think I need to file a labor claim, because they messed with our pay rate about 6 mos. into my employment (they were taking my rent off the top, before paying me, which is illegal, so they changed that, which made it look on paper like I suddenly got a huge raise, like double my pay! So suddenly I was losing a whole lot more to taxes. BUT neither amount equaled the amount we agreed to in either my original employment contract or the addendum I had to sign during the pay cut fiasco in order to keep my job & not have my children become homeless (they assured all of us that they would "fix it eventually" & just "bear with them" - well I stuck it out but they never fixed it!). I would also like to mention that I was the SOLE manager & leasing agent for a 281 unit building, which is insane. The company leads its employees to believe this is normal (it's not) & even constantly tries to tell them it's an easy job; I told my boss I was working 80+ hours a week a long time ago (when we were discussing the pay rate issue and how much that was costing my out of my paychecks- which is why all but two of his building managers quit during that time period). His response was, "how?!" It was such an obvious act. I started listing off the endless tasks I had on my plate on a daily basis as well as weekly, biweekly, & monthly reporting, AND all the responsibilities of an entire company's management, leasing, accounting, and reception staff! He eventually cut me off with the assurance that the pay issue would be resolved, but again, it never has been. I don't know if this matters or not, but my paychecks all show different hourly pay rates, and again, none of the amounts I was paid in my paychecks was equal to that which we agreed upon in my employment contract & addendum.

I'm terrified that my family is about to be homeless, I need help. My boss sent me a letter on 11/5 stating I needed to vacate by 11/10 and that they need not serve any pay/quit notices or anything to get rid of me because I was only living in my home as part of the terms of an employment contract, not a lease; they're making it sound like someone could come in here any moment and kick my entire family out on the streets. I'm absolutely terrified of what is going to happen to us, please help.

 

[cbg]

If you have an employment contract, you will need to show it to an attorney to determine what, if any, recourse you have. We cannot address a contract we have not read. Many attorneys give free or low cost consultations. Do not email; pick up the phone and dial (you're much more likely to get a response).

 

[Nellibelle]

What is the name of your state (only U.S. law)? California

PLEASE HELP. I don't know what to do, but I know I've been wronged:

My boss fired me a week after I was the victim of domestic violence; the reason he gave for firing me was completely ludicrous (the supposed reason being that I didn't serve notices which I DID serve to about half of the building, that half being the units that our company managed, per the instructions of my direct supervisor. Keep in mind that this building regularly has pipe issues because it's an old building & the company won't shell out the money to fix it correctly, so they shut the water off to the whole thing on a regular basis without serving notices to ANYONE, so firing me for not serving notices to the part of the building that was privately owned- per the instructions I received from my direct supervisor- is completely ridiculous, the notices in question were for a kind of fire system testing called Reg 4 testing, which my supervisor told me wouldn't affect the privately owned units! As you can see, this is a long story, but I assure you, their reasoning for firing me was ridiculous. I believe they wanted to get rid of me because I was still refusing to back down on the pay cut they gave me, which I will discuss further in a minute, and the domestic violence incident, which I suspect may have been followed by my ex & his friends/family calling their corporate office to make false complaints about me). It was an apartment management job and I'm a mother so this now puts my children on the verge of homelessness; I wanted to have the option to stay in the apartment so the kids wouldn't have to go through the trauma of a move, which my boss said we could negotiate, but now they're trying to overcharge me for rent due now before I can sign a lease & have the option of staying in the building. I also think I need to file a labor claim, because they messed with our pay rate about 6 mos. into my employment (they were taking my rent off the top, before paying me, which is illegal, so they changed that, which made it look on paper like I suddenly got a huge raise, like double my pay! So suddenly I was losing a whole lot more to taxes. BUT neither amount equaled the amount we agreed to in either my original employment contract or the addendum I had to sign during the pay cut fiasco in order to keep my job & not have my children become homeless (they assured all of us that they would "fix it eventually" & just "bear with them" - well I stuck it out but they never fixed it!). I would also like to mention that I was the SOLE manager & leasing agent for a 281 unit building, which is insane. The company leads its employees to believe this is normal (it's not) & even constantly tries to tell them it's an easy job; I told my boss I was working 80+ hours a week a long time ago (when we were discussing the pay rate issue and how much that was costing my out of my paychecks- which is why all but two of his building managers quit during that time period). His response was, "how?!" It was such an obvious act. I started listing off the endless tasks I had on my plate on a daily basis as well as weekly, biweekly, & monthly reporting, AND all the responsibilities of an entire company's management, leasing, accounting, and reception staff! He eventually cut me off with the assurance that the pay issue would be resolved, but again, it never has been. I don't know if this matters or not, but my paychecks all show different hourly pay rates, and again, none of the amounts I was paid in my paychecks was equal to that which we agreed upon in my employment contract & addendum.

I'm terrified that my family is about to be homeless, I need help. My boss sent me a letter on 11/5 stating I needed to vacate by 11/10 and that they need not serve any pay/quit notices or anything to get rid of me because I was only living in my home as part of the terms of an employment contract, not a lease; they're making it sound like someone could come in here any moment and kick my entire family out on the streets. I'm absolutely terrified of what is going to happen to us, please help.

There is nothing anywhere in California Law that would force you to vacate your apartment just 5 days after receiving notice to do so! Your employer/Landlord must go through the legal process to terminate your residency. You must first get at least a 30 day notice to terminate your residency and then if you don't, the next step is to go through the eviction process. I do not believe that a contract would supercede California Law concerning the termination of your residency! This is just my opinion, but if a contract would allow your employer to push you out sooner, someone else in this forum (I'm sure will point that out).

 

[quincy]

There is no way ANYONE on this forum can tell you whether your employment contract allows for the current actions of the employer without reading the employment contract.

If the apartment was provided as part of your job, however, there is no reason not to believe that, when your job terminates, your right to live in the apartment would terminate as well. Although the effects of termination are perhaps greater, this is no different than having to return a car provided you by your company when you leave that company.

In other words, this appears to be, not a landlord/tenant matter governed by a lease, but an employment matter governed by a contract.

I agree with cbg. Take your contract SOON to an attorney in your area for a personal review. We are unable to do personal reviews on this forum.



(there is much that is wrong in the post by Nellibelle but I don't feel like correcting it all right now)

 

[justalayman]

There is nothing anywhere in California Law that would force you to vacate your apartment just 5 days after receiving notice to do so! Your employer/Landlord must go through the legal process to terminate your residency. You must first get at least a 30 day notice to terminate your residency and then if you don't, the next step is to go through the eviction process. I do not believe that a contract would supercede California Law concerning the termination of your residency! This is just my opinion, but if a contract would allow your employer to push you out sooner, someone else in this forum (I'm sure will point that out).

It's not that her employment contract supersedes the law. It is that if her apartment is incidental to or part of her compensation, landlord tenant law does not apply.

so yes, it is possible that she could have 5 days, or even less, to vacate the apartment if it is considered part of her compensation. That is why what her contract says is critical and she needs to have it reviewed by an attorney.

 

[Chyvan]

My boss fired me

If you haven't already, apply for unemployment.

 

[commentator]

I can offer you this. Whether or not they can make you leave needs to be separated from all the issues you mention about what was wrong with your job, how badly you were being treated on your job, and what they said /he said/they may have done when they terminated you.

You do need legal assistance from someone who can read your contract concerning your living situation as it relates to your contract and your now ended employment situation.

But do accept this about the termination and work situation ending. You are in an "at will" state. This means that your employment can legally be ended for just about any reason at the will of your employer.

Please put away your feelings that they can't do this to me, that I have put up with so much for so long that they can't reward me this way, that the reason for your termination was ridiculous and unfair, and that surely, surely, I must have SOME legal recourse for them leaving me without an income, my children practically homeless, and my life in shambles. You have lost a job. It's not the only one out there.

Unfortunately, this is all legal. There's no requirement that there be fairness or kindness in the employer/employee relationship. You need to file immediately for unemployment insurance. They will go through the reasons you were terminated, will determine whether or not it appears that the employer had a valid misconduct reason to terminate you. If it doesn't seem that he did, then you may very well be determined to be eligible for unemployment benefits. This isn't a lot of money, but it is something that is there for you when you are out of a job through no fault of your own, while you are looking for other jobs.

Most all other income assistance programs that might help you will first want you to file for unemployment benefits, as they are the first line of assistance when someone is fired from a job. If there is no money for a legal consultation, it is possible you will be able to speak with someone in the free legal assistance programs that are offered.

You can call the Department of Labor in your state, but they will probably not be able to help much other than encouraging you to file for unemployment benefits. It doesn't sound as though you have an EEOC related complaint. Single mothers and victims of domestic violence are not a protected group in that way.

They will be able to help you determine if your former employer was paying you properly for the hours you worked. Generally, if you are willing to do the work, even if your employer is asking you to do too much or impossible work, and he's paying you at least minimum wage, you're out of luck. You have the right to quit and find another job "at will" at least in the eyes of the law, though your personal situation may have made you feel it was impossible to get out of this situation.

Try to be calm, get legal advice about the contract, sign up for unemployment benefits, and get ready to move on. It sounds as though you weren't in a very good work situation anyway, you were being taken advantage of, and though being fired is a terrible experience, not to mention losing your place to live at the same time, hopefully things will work out better than you are thinking right now. Best of luck to you while you are going through this very difficult time.

 

[Nellibelle]

It's not that her employment contract supersedes the law. It is that if her apartment is incidental to or part of her compensation, landlord tenant law does not apply.

so yes, it is possible that she could have 5 days, or even less, to vacate the apartment if it is considered part of her compensation. That is why what her contract says is critical and she needs to have it reviewed by an attorney.

Even if her employer says she has 5 days to leave, they still have to follow the eviction process to evict her if she doesn't want to leave. No contract is going to allow the marshal to come and evict her before she has had her day in court--period!!

 

[quincy]

YOU are totally wrong if you actually believe that the OP could possibly have to vacate the premises within 5 days of a notice by the employer to do so. If the OP chooses, she can refuse to leave and then it would take the eviction process to make her leave. And yes, this issue is far different than having to return the company car when one leaves the company.:rolleyes

So, Nellibelle, you are suggesting that thatsjustgreat should potentially ignore the terms of a legal and binding employment contract and wait to be evicted from her employer's apartment?

That is absolutely horrible advice and it could leave thatsjustgreat in a position where s/he would have a hard time finding a new place to live and a new place to work.

thatsjustgreat, I recommend that you have your employment contract reviewed by an attorney in your area and, as others have suggested, apply for unemployment.

 

[jimnyc]

So, Nellibelle, you are suggesting that thatsjustgreat should potentially ignore the terms of a legal and binding employment contract and wait to be evicted from her employer's apartment?

Listen to Quincy, cbg, justalayman & commentator... It should be obvious right off the bat that you don't listen to anyone that tells you to ignore a written contract. With a written contract that the members here can't read, your best bet is to have an attorney in your area look it over and decide how best to go forward.