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John, Attorney
Category: Legal
Satisfied Customers: 5563
Experience:  Licensed and practicing attorney.
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I have a employee that has been employeed at this company 12

Customer Question

i have a employee that has been employeed at this company for maybe 12 years. he also lives in a trailer on the property. the yard where the trailer is placed is about 1\2 acre. in 2008 he asked for a loan of $450.00 to renew his green card which the company did. just the other day he asked for a loan of $600.00 for renewal of his green card. i did a little online investigation and found that the cost is still the same ($450.00) then I started doing a little more research and found that in his employement paperwork ( I9) the number he wrote down does not match his card. we tried to e-verify the number to no avail. my question to you guys is ( i pretty much know what the fine is for hiring a illegal but at the time I did not know but i think is between $250-$2000 ) since he lives on the property how and what procedure do i have to go through to get rid of him. Is it just like a eviction ? thanks Cameron Ritchie p.s. all he came here with is the clothes on his back the trailer is not his. thanks in advance
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

In what state is this occurring...where are you located?

Customer: replied 1 year ago.
Expert:  John replied 1 year ago.

In California, once you terminate an employee, you can go directly to court to evict. You may still have to do the eviction, but you do not have to give 3 days notice plus 30 or 60 days notice before you go to court for the eviction. Eviction is immediate upon termination of employment. In this sense, you can order him out pretty much immediately (obviously there's probably belongings he has in there he cannot just carry on his back), then if he doesn't go, you then go to the court and file unlawful detainer action and get a court order for the sheriff to remove him and his stuff.

Customer: replied 1 year ago.
Good morning John sorry for the delay in replying back to you. I have just a few questions, and one comment that i forgot to inform you of and that is that said individual is living in a trailer here on the company property and is not paying rent and never has. My father has never asked him to pay rent so i dont know if that changes anything or not. So how is the best way to get started on this? Do i need a lawyer to do the paperwork, and where do i get the paperwork, and who can serve him?
Expert:  John replied 1 year ago.

The first thing you should try is just telling him to leave and give him a few days to do so...tell him if he doesn't leave you are going to have to get the sheriff to remove him and his stuff. The fact that he hasn't paid rent is of no consequence to the matter. If he says no or just doesn't do it, you probably ought to just hire an attorney. It shouldn't be too expensive as a complaint will need to be filed with the civil court and served on the defendant, he'll probably not answer it and go into default on the matter, then with the default judgment you can ask the court to order the sheriff to remove him and his property if he's still there by that time.