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For the last 6 months I have been employed by my brother. I

Customer Question
work for him and I...
For the last 6 months I have been employed by my brother. I work for him and I live in an apartment provided by him. Last wednesday he came into my office with 2 other senior employers and told me, while my work performance was exemplary, my ongoing behavior showing signs of depression and discontent were personally distressing to him, affecting his health, and bothering others at work. more to vome He told me he was planning to fire me and evict me from my apartment.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Hawaii The next day I attempted suicide and was hospitalized
JA: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?
Customer: NONONO. I am released as stable now, yet he has locked me out of my apartment, and is claiming that he has the right to force me to undergo a 90 suspension during which time I must be incarcerated
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will full time However, he is trying to get around that fact with the 90 unpaid leave letter he just texted to me He has possession of my car and all my property and has claimed that he will call the police if I come back to the property. None of the health care professionals see any danger in me. there have been no threats or other actions by me. I have no record with police or of violence. and 1 of the employees he claims is afraid of me came and visited me twice in the hospital
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe he is trying to use the 90 day unpaid suspension as a way to starve me out and not have to pay unemployement for an at will termination.
JA: When we are ready I'll take you to the appropriate web page.
Customer: thank you go.
Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
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Customer reply replied 3 months ago
I have a history of mental illness (depression, PTSD) and he was aware of that when he hired me. I performed all of my work duties up until closing time of the day I had the incident. He knows I will have to leave the island when he withdraws both the job and the place to live. He has threatened to file a restraining order, and according to the doctor at the hospital before he released me, the threat is just as good as the actual filing, so I better stay away.
As it stands right now, he has entered my apartment without permission and is emptying it out, loading them into a vehicle to deliver my possessions to me. I have repeatedly asked to be allowed to come, supervised, after hours, - BTW, My apartment is located on the grounds of the business he runs and has several employees during the day he has, in my opinion, falsely claimed are afraid of me.
I am giving in to his desire to end my employment and kick me out and leave the island but I believe his evicting me without notice, emptying my apartment without notice, and firing me because he is upset at my suicide attempt are not something he should be allowed to do. But he is using a demand for "90 day voluntary residential treatment" to cover his actions. I can bring evidence of his behavior in the workplace, storming around, shouting and swearing, threatening to hire "thugs" to beat up or kill work rivals, or beat them up himself. If they haven't figured out how to destroy it yet, I can bring evidence that in previous firing of an employee they retroactively changed the employee manual to state the rules they were claiming they were firing the employee for... and successfully got her unemployment denied.
Answered in 2 hours by:
7/26/2017
Employment Lawyer: Asad Rahman, Lawyer replied 3 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,198
Experience: Practicing Attorney with 10 years experience
Verified

I am very sorry to hear this. I believe your suspicions are 100% correct. I will tell you that technically you are a tenant of his so he has rights to enter the premises but only at reasonable times. I would suggest filing a complaint with your state labor department. I might also discuss this with a local employment law attorney who could file a claim for discrimination based on disability (in your case some mental related symptoms)

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Asad Rahman
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,198
2,198 Satisfied Customers
Experience: Practicing Attorney with 10 years experience

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