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What kind of attorney do I need in this situation? Texas…

Customer Question
What kind of attorney...

What kind of attorney do I need in this situation?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas austin area

Lawyer's Assistant: What steps have you taken so far?

Nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I have been living with my sister and working for her Audiology clinic to help her out as an Accounting Manager. I have no written agreements for home or business, but have been getting paid for my work since December. She drank alcohol on Saturday evening and assaulted me. She then fired me and kicked me out of her house because I called 911. I asked the police to not take her to jail that she needed help with alcoholism. Because of the non-stop threats and not being allowed to get into my legal residence, I filed charges against her for the assault on Monday morning at the small local police department.

Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
3/14/2018
Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14,033
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 5 months ago

I am sorry to hear this;

a resident of a home is considered a tenant generally after 30 days; the court will often find an oral or implied lease in such circumstances. In such cases the "landlord" cannot unilaterally kick out the tenant but must provide proper notice. Otherwise the tenant may sue for storage costs, moving costs, and lodging.

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Customer reply replied 5 months ago
would i have a case for a labor attorney? she fired me out of retaliation
Lawyer: legalgems, Lawyer replied 5 months ago

Retaliation typically needs to be based on a person's status in a protected category (ie they are being retaliated for filing a complaint based on discrimination due to one's race, religion, ethnicity etc) or for "whistleblowing" (ie reporting the employer for violating business practices.

But if the parties have a disagreement and the employment relationship is at will generally either party may terminate the relationship at any time, so long as it is not for an illegal reason.

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Customer reply replied 5 months ago
It’s seems tome if you call 911 while being assaulted, and the you are fired by the person who assaulted you...that can’t be legal.
Lawyer: legalgems, Lawyer replied 5 months ago

Criminal charges can be filed against the offender, as well as civil damages for personal injury.

This addresses how from an employment perspective action is limited to those in certain categories (ie protected clases such as race, religion, etc or for "whistleblowing").

An employer may be liable under the theory of vicarious liability/respondeat superior if the misconduct/criminal act occurred during the employee's work schedule, in the course of employment.

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Lawyer: legalgems, Lawyer replied 5 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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