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Dwayne B.
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Category: Employment Law
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Experience:  Employment Law Expert
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My husband manages an auto body shop and he asked a friend

Customer Question

My husband manages an auto body shop and he asked a friend to go in with him on the business, but this friend did not pay for any of it. But my husband trusted this guy to help out and been paying him for his work. He's had the business for 2 years now and the friend is an alcoholic and hasn't been doing anything but sitting at the shop and drinking! This friend does not have a home so my husband let's him live at the shop. There is a showed, fridge and microwave oven, so he has it made. My husband didn't have the heart to fire him and kick him out. My husbands finally realizing that he's using him FINALLY! So he told him he was fired and has 30 days to leave, and of course the guy just gave him a smug look. This has been stressing us both out and our whole family. My question is, if he doesn't leave in 30 days, what would be the next step? I hope you can give us some great answers because we are at our wits end! HELP!
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Nebtaska
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Customer: No, but I was hoping we wouldn't have, thought I'd ask your opinion first
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Customer: What do you mean?
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As far as the firing, there's no issue with that. You don't have to pay him other than what he is owed through the date of firing.

However, as far as the living arrangements if he doesn't leave then you have to go through the regular eviction process. It's no different than if he had been paying rent and stopped paying.

While the eviction process is relatively easy and normally you don't need a lawyer in this case you may want to consider hiring one and getting an injunction against him ASAP since you don't have a security deposit or any way to force him to pay up if he tears anything up before he leaves. You can sue him afterwards but it is relatively hard to collect a judgment since you can't garnish unemployment, etc.

The eviction process can be found online but I'll give you a couple of links:

You can also get forms for it at:

As far as the injunction, they are extremely difficult but if you get an injunction against him and then he does something to the property the judge can throw him in jail.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.