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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4967
Experience:  Extensive experience representing employees and management
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My name isXXXXX and I worked for Standard Investment

Customer Question

My name isXXXXX and I worked for Standard Investment & Management, it's a company that owns apartments.


I was their Property Manager for over 25 years, and during the last year I was going through a separation and my ex husband was refusing to move out he said the only way he was leaving was when I was fired.

My ex continued to call my boss to the point where my boss (the owner) came into my office a said I want your receipts for the deposits this month so I gave him them and then that's when he asked for my resignation no reason told to me.

I said Bryan I've worked my ass off for you and he said ya well were even I done just as much for you as you've done for me. This was on December 7th 2010 and told me to be out by January 31st 2011.

I had no money, no home, no family , no job, no experience, all assets were in my ex husbands hands refusing to give me anything. I had no friends to turn to because my employer didn't want me associating with my tenants and this type of work it's 24/7 type work.

Thank God I had a new boyfriend that was able to let me stay at his house. That only worked for a bit as he has family and I did want to impose on them. So I had no choice but to move into a storage room on one of the properties thatI worked for.

I'm still there with no money no job no light depressed diabetic high blood pressure severely depresssespd and lost medical from ex before our divorce because he didn't want me having it.

We are currently going to court for property settlement and so we have agreed on the Arizona property to split a.d we agreed to sale the houseboat.
He is suppose to pay court ordered to give me $600. Per month but the day after his order he says he was laid off work and will just go back on disabiLity so i will have to pay him. Do I have a legal case andI know there is a statue of limitatin..

Im really having a hard time getting over this matter because I didnt do anything wrong but do my job and lived my life.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello Vikki and welcome to JustAnswer.

 

I'm very sorry to hear about your situation and hope I can help.

 

My goal is to provide with nothing less than the best service today.

 

It's not clear, but I take it that you're asking if you have a cause of action against your employer not your husband.

 

Unfortunately, based on the facts that I have before me, you wouldn't have any basis for a cause of action against your ex-employer, since it appears that you were an at-will employee and were not a victim of discrimination based on a protected characteristic.

 

This is because, as an at-will employee, you can be terminated by your employer at any time for any reason with or without any prior notice.

 

This is due to the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states: "An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

 

However, you may have a cause of action against your ex for tortious interference with economic relations, since it is was his harassment of you and your employer that ultimately resulted in your employer requesting your resignation.

 

Still, that would not be a worthwhile cause of action to pursue against your husband if he is only on disability and will not even be able to pay his court mandated monthly payments to you.

 

Since my goal is to provide you with excellent service today, please let me know if you have any follow up questions.

 

If not, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!

Expert:  Joseph replied 1 year ago.
Hello Vikki,

Please remember to rate my answer positively so I get credit for my work!

Unless you have any follow up questions or need any additional information, in which case please ask them here.

If you have no further questions, please remember to rate my answer positively so I get credit for my work. If you don't rate my answer positively, the website recoups your entire deposit and I get nothing for assisting you.

Please trust me when I tell you that I need the money WAY more than they do, so I'd greatly appreciate if you rate my answer positively!

Thanks and best of luck!

-Joseph

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