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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33509
Experience:  Retired (mostly)
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Sorry, I decided not to ask the vet a question, but did not

Resolved Question:

Sorry,
I decided not to ask the vet a question, but did not know how to get out of it. So I am back with my hearing tomorrow about a writ of possesion. My mother's caregiver was fired from caregiving due to my mother breaking her hip as a direct result of her leaving my mother with her 8 year old daughter while she left to run errands. My mother and the girl had a bad history, with the girl acting out in some very mean and aggresive ways. My mother spends 90% of her time or more in bed, but when in the kitchen the caregiver was not allowed to leave her with my mother- not even to go on the porch to smoke a cigarette!. Anyway, long story short- my mother was left and the girl assaulted her with an unbrella, and taunted her by demonstrating cruelty to the cat which made my mother react and get up with her cane and try to resque the animal. The girl jumped up and my mother lost her balance and fell. ... the story goes on as many things came out when we were in the hospital. The woman had my mother afraid to say anything because she yelled at her quite a bit. So I fired her for all of the above, and much more. She was given notice that the caregiver job was over on March 24, but she could stay on and do housework for 2 weeks. Then had an additional 2 weeks if she needed. Living in the home was part of salary. My Mother is coming home on May 22, and I have hired a new live in (this time an RN.) But this woman refuses to leave. She got a lawyer who wrote me a scary letter saying that they will turn me into the division of hourly wage etc. if I don't pay 5k and let her stay till June 30. Obviously this is a mess. My mother is afraid of her and her daughter- and is desperate to get back to her home. The heart of my question is that I will be facing her and a lawyer, and am very nervous. I do not know what to expect and I am without a lawyer and no experience in a courtroom. Is there anything that I should know or be aware of going in?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

Do you still need help with this issue?
Customer: replied 1 year ago.


yes

Customer: replied 1 year ago.


I havent gotten a response yet. I am not sure what information you need. Can you be specific?


 

Expert:  socrateaser replied 1 year ago.
Hello,

Sorry for the delay -- I was offline. I don't really need any additional info, I was just using the request to see if you changed your mind.

NJ courts treat a landlord-tenant action very similarly to small claims court. The differences:

1. Small claims: judge asks the questions; landlord-tenant: parties are permitted to testify and cross examine witnesses.
2. Small claims: minimal evidence rules; landlord-tenant: regular evidence rules.

Similarities: judge makes all decisions, and frequently asks questions, even if not requested (which for attorneys can be really annoying).

Your claim, as I understand it, is that the employee's job was terminated but she did not leave. If there is no evidence other than a verbal agreement that the employee could remain in the property, you may want to consider testifying that you wanted the tenant to leave immediately, and that's been your position from the moment she was terminated -- and to the extent that she has been permitted to remain, it's only because you haven't been able to get her to voluntarily vacate.

The reason for this is that under the common law, an employee who is terminated has no right to remain in the premises, and you are entitled to immediate possession. And, that's the result you want.

There is another issue that apparently has escaped the employee's lawyer: a letter to you threatening to report you to the Department of Labor unless you pay $5,000 and allow the employee to remain in the property until June 30, may be criminal extortion. You can contact the sheriff/police and make out a criminal report. You can also contact the Office of Attorney Ethics and lodge a complaint: 1-(800)-406-8594. This won't get the employee out of your home, but it may create a host of problems for the attorney.

Also, I'm concerned about the charge that the employee assaulted your mother. I'm not sure why you didn't file a complaint with the sheriff/police concerning that -- or contact Adult Protective Services. APC may decide that the caregiver should be prosecuted for the assault, if you have evidence of its occurrence. APC may also decide to obtain a protective order for your mother, which would require that the employee vacate the premises immediately.

BotXXXXX XXXXXne, at this point, it's way too late to try to craft a strategy, other than for you to just explain what has occurred and let the judge decide whether to issue the writ. But, if the court won't give you possession, then you may want to contact APS and see if they will investigate.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

hi, court hearing was this a.m. and it went alright. woman is claiming hardship because of 8yr old being pulled from school. I go back next week to show evidence that school brd allows residents that move late in yr to continue till end for free. I sent Board of Ed. doc. to her lawyer. Now he is saying he will drop lawsuite if I let stay till June 7th- but my Mother still her home by May 22.


Do not know how to respond.

Expert:  socrateaser replied 1 year ago.

Before we continue, please tell me if my original answer was helpful to you?

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33509
Experience: Retired (mostly)
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