Wrong.Term/Discrim/Retal. Evict
I live in Fresno Ca. I have been permanently disabled due to systemic lupus erythmatosus since 2001. I was hired 8/2005 as an on-site manager of a small apartment complex. I relocated from Bakersfield, Ca., to accept the job. The property owner was made aware of my disability at the time of interview, and the possibility that my disease could come out of remission, causing health problems until meds. can get in under control once again. She was very understanding about this, and she said it wasn't an issue with my ability to be manager as there are only 18 units, and I should be fine. Was given a free 2/2 apt., $100 concession towards PGE, and use of company car. Was told I would be off Saturdays and Sundays. No type of contract was ever signed. No rental agreement was ever drafted. I just moved in and took over management. Although my proposal submitted at time of application requesting above mentioned amenities was accepted.
The beginning of summer of this year, (2006) 3 different units needed extensive A/C repairs, 2 requiring complete replacements. I also had an A/C not working [/u]at all[u]. I was told I would have to wait on my repair, as the residents come first. (95% of our res. are aged 65+) Approx. 15th of July, we began an horrible heat wave. Temps. up around 115 outside, and 95-105 in my apt. I began feeling sick. I noticed a rash beginning to cover my body. I went to my doc. Found that lupus had come out of remission and was quite out of control, and one of the symptoms was discoid skin lesions on my body. I was told by my doc that heat wave and without A/C caused lupus to come out of remission. I resembled someone with a bad case of chicken pox, and these lesions scar shiny pink and silver when they begin to heal. Was put on chemotherapy once a week, and a high dosage of prednisone (steroids) daily for the next 45 days (still taking both) Needless to say, the side effects to both meds. caused more skin blisters, scabs and scars... As well as becoming anemic, making me very tired and weak. I had a friend move in to my 2 bed apt with me. Owner approved of friend, as she had been a prior tenant. Owner did say that friend now had to pay owner 1/2 of my rent! I told the owner no way, as the rental amount was my compensation for my job as manager, and if friend was to pay any rent, it would go to me, as I have earned it. Friend took over all household duties along with assisting me with showering/dressing, as I would get dizzy while in the shower. I was able to save my energy enough by having her take over household duties, that I could easily continue doing my managers job. (85% consists of working at desk, on phone or computer... owner now has me doing all secretarial/legal aspects of my complex, as well as several - 6 - in Idaho) Neighbor volunteered to turn sprinklers on every day, as I am now not to be out in the sunlight. Owner was very happy with this arrangement, although I wanted to hire someone independent of the complex and pay them myself to do this. Owner said no, tenant was fine. Continued to take chemo & steroid meds, along with several different meds., ie anti-inflamatories, arthrtis meds, lupus meds, etc. for several more months. Still have lesions all over body. A/C still not repaired. Dishwasher quit working in April, told I can not have that replaced because of funds also. Sept. 17th, (Sunday) was made to drive owner back to bay area. Throughout employment, owner has come down to Fresno only on weekends. (at minimum 2 weekends a month, sometimes 3) and expects me to spend several (5-8) hours with her going over property, grounds, etc. I was not feeling well that Sunday and made it clear to her. Told I had to drive her back or she would take my car and I would not get it back for at least 2-3 weeks. I drove her home. I drove the entire way there. Stayed at her house approx. an hour, then drove home. A neighbor accompanied us, so as I did not have to drive home alone. Monday morning approx. 10:30 owner left a message on business answering machine saying that she wants me to quit taking meds prescribed by doc. Says I look terrible. States she wants me to park co. car in garage and no longer drive. Says that by driving her car, I am too big of a risk, and could cost her to loose all of her properties. Says she never wants to see me again looking like I did the night before when I drove her home. As I stated, I have looked the exact same, covered with these lesions for the last 3 months now. Says she is giving me 1 last chance, and not to blow it. Tells me that if I were to loose my job, I could continue to rent my apt. from her and stay here at complex. Says she knows that I am bi-sexual and that the girl living with me is my g/f. Mind you, all of this is being recorded, as she is speaking to the answering machine. This phone call was shocking to me, as I have looked the exact same for the past 3 months, covered with these lesions. At no time the night before did the owner, or my neighbor, the other passenger say anything about my driving ability. I was never told to pull over and quit driving. I was allowed to get back in the vehicle and drive myself home, without the owner accompaning me when I dropped her off at home. I had a doctors appointment the following day. It was difficult to get to the doc, without my car... was gone most of the afternoon due to blood tests, etc... happens about every 6 weeks.. Came home to hear second message demanding I make sure car in garage and turn over the keys to the neighbor. Called owner. Asked what was going on. Was again told I was on too many "drugs". Asked owner to clarify definition or "drugs". Was she talking about street or illegal drugs or my prescribed meds? She said my prescribed meds. Assured her that none of my meds. impares my ability to operate a motor vehicle in any way, nor do they impair my ability to think or function fully as an on-site manager. Was told I took too much time off to go to the doctor. That she didn't think this was going to work. I told her that she needed to be careful about what she was saying, as I am disabled, and under doctors care, and in NO WAY is my care interfering with my ability to function 100% at my duties. Says something again about knowing that me and my friend are living together and she doesn't want to know what it is we are doing in there. She hung up on me. Saturday morning,the 24th of Sept., at 8:00, my day off, I am awakened by the phone rining. It is the owner. She fires me, and hangs up. Wednesday, the 27th I receive a registered letter re: termination of employment. It states reason for termination as being with cause for inappropriate conduct and failure to do my job properly. It makes reference to the original day she terminated my employment as Sept. 23rd and then states I have 5 days to vacate my apartment. Which would make date of move out to be Sept. 28th., the following day. October 2, I am served with a 3 day notice to quit stating reasons as: agreement under which you hold possession of the premises foreited for the reason that your employment with your lessor has been heretofore terminated and any right of possession which you may have enjoyed terminated with the termination of your employment.
Ok, now... what do I do next? Is this wrongful termination and discrimination due to my disease and the fact that I am bi-sexual? Is this a retalitory eviction due to the fact there was NO agreement ever made. I would have never taken the job with the stipulation that I loose my residence should I end my employment as manager, as my disease is too unpredictable and that would be very difficult to have to move within 3 days after termination. Is the 3 day notice to vacate valid? Under what grounds? I thought I had to inflict damage to the property or owe rent in order to get a 3 day. And lastly, as I stated, I am permanently disabled... What is your thoughts on finding an atty to take this on contingency? I do have 15 years paralegal experience, and would be willing to provide my services for help, as well as 40% of judgement. More concerned about loosing my residence. Lupus is exacerbated quite a bit by stress and this whole thing is now making me sicker and sicker... oh yeah... not to mention.. still no A/C...heater.... and its getting a little chilly at night too...
Please respond... I'm about to pull my hair out.. what little that hasn't fallen out from the chemo.......
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10-04-2006, 01:13 PM
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