Legal Question in Criminal Law in California

Trespassing, discrimination, or both......?

I am an independent vendor in the handyman feild and also a ''On-Site'' manager for a apartment complex. My girlfriend is also an on-site manager. Another vendor (who just happens to be the property managers brother) went to check up on my g/f and I and since we where not home he let himself in. We noticed drawers were gone through and several other noticable things. He then proceded to tell the property management company that the place looked abandoned. Like no one lived there anymore. He said that the place was ''Wide Open''. Well the front door was locked and the back door was open for our cats to go in and out. So since we where not home, and we have been slacking on our cleaning, he entered our home un-invited . Is that trespassing? One more thing is that I have a criminal background. And they knew that when they used my services there at the complex. Well they fired me, and they hired him and his workers to take over the maintenence. Here is the kicker. He also has a criminal background. They told me that the owners do not want anyone with a criminal background working for them.

ANY INFORMATION WOULD HELP SO MUCH. THANK YOU!


Asked on 8/30/06, 6:26 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Trespassing, discrimination, or both......?

What you describe sounds like trespassing to me, but I don't know whether the DA will consider its serious enough to prosecute as a crime. You can probably win a civil suit against the intruder, but your damages might not be very much. It will be hard to persuade a judge or jury that it was his fault you were fired; after all, the decision was made by your employer and not by him.

I don't think you have a discrimination claim based upon the limited facts you have provided. In many situations the law forbids discriminating against people on the ground of their race, gender, religion, etc., but it is generally quite legal to discriminate against people on the basis of their criminal history.

The fact that they hired the other man despite a criminal history means their actions are inconsistent, but that by itself is not illegal. It suggests that the reason they gave for your dismissal was a pretext, however, which likely means they believe their actual reason was improper.

You may have a wrongful termination claim, though I would need to know a lot more facts before I could say whether I think you have a good case. You might also have a claim against the trespasser for interference with future economic advantage, but I don't know from these limited facts whether you're claim would be a good one.

You need to meet with an attorney to discuss your case in some detail. Act quickly; depending upon how long ago these events occurred and what type of apartment complex it was, you may not have very much time before you must take legal action.

Good luck.

Read more
Answered on 8/30/06, 6:44 pm


Related Questions & Answers

More Criminal Law questions and answers in California