My husband was fired due to his background and his tattoo as a property manger

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My husband was fired due to his background and his tattoo as a property manger

My husband worked for 5 weeks with out pay. has not official fired him. The property manger job came with an apartment and now the landlord is until us we need to get out right now with out an eviction notice.

Asked on August 26, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There are four separate issues here:
1) Can you be fired due to your background and/or having a tatoo? Yes--there is no law prohibiting termination for these reasons. Remember: employment in this country is "employment at will": there is no right to or guaranty of a job.
2) Do you have to be paid for all time you worked? Yes. Even if fired, you must be paid for the work you actually did. Your husband can file a complaint with the state department of labor or sue (e.g. in small claims court) for the pay he is owed.
3) Can you be evicted for not paying rent? Yes--and the landlord does not need to work with you or give you a chance to pay in the future.
4) However, the landlord himself cannot simply lock you out; the landlord must file an eviction action in court and get a court order for your removal. You will have to be served with the court papers.


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