Terminated Based on video/audio convo

[bluestockingwoman]

Jurisdiction

Texas

I was an innkeeper for a B&B (living on site separate from the B&B) for 2 1/2 years. The owner let me go after reviewing a video/audio tape of me talking to a fellow co-worker regarding searching for a job closer to my family. I knew the cameras were there, but we were never asked to sign any kind of consent agreement. I never thought the cameras were being used in that fashion and were there to prevent theft by guests.

This happened two days ago. Along with terminating me immediately, the owner is demanding that I vacate the house I live in by the end of this week (two days from now). She is threatening to get a restraining order and have me forcibly removed from the property. I should note that while I did pay a security deposit, no rent exchanged hands since it was part of my compensation as her employee, and no lease was ever signed. I do plan on being out next week (about six days from now), but apparently this isn't good enough for her.

What are my rights here regarding both of these situations?

 

[army judge]

I was an innkeeper for a B&B (living on site separate from the B&B) for 2 1/2 years. The owner let me go after reviewing a video/audio tape of me talking to a fellow co-worker regarding searching for a job closer to my family. I knew the cameras were there, but we were never asked to sign any kind of consent agreement. I never thought the cameras were being used in that fashion and were there to prevent theft by guests.

This happened two days ago. Along with terminating me immediately, the owner is demanding that I vacate the house I live in by the end of this week (two days from now). She is threatening to get a restraining order and have me forcibly removed from the property. I should note that while I did pay a security deposit, no rent exchanged hands since it was part of my compensation as her employee, and no lease was ever signed. I do plan on being out next week (about six days from now), but apparently this isn't good enough for her.

What are my rights here regarding both of these situations?

She can ask you to leave.

Until a court evicts you, you can ignore her.

If she does anything to interfere with your tenancy, you should ignore her.

Don't respond, don't argue, simply avoid her.

If you will vacate the unit next week, you have no worries of being evicted.

In fact, until she serves you with a notice to quit, her verbal notice means NOTHING legally.

 

[mightymoose]

Is there any written lease agreement regarding the housing?

If you can't prove that you are a tenant with a lease it is possible the owner has a shorter route to get you out and claim that it was employee housing and part of your wages.

Regardless, if you intend to be out next week anyway you will be ahead of any legal action the employer might want to take. Communicate your intention to move to the employer. They might not like waiting but if you are cooperating they will see that waiting a week is their cheapest and fastest solution.

 

[bluestockingwoman]

Is there any written lease agreement regarding the housing?

If you can't prove that you are a tenant with a lease it is possible the owner has a shorter route to get you out and claim that it was employee housing and part of your wages.

Regardless, if you intend to be out next week anyway you will be ahead of any legal action the employer might want to take. Communicate your intention to move to the employer. They might not like waiting but if you are cooperating they will see that waiting a week is their cheapest and fastest solution.

No, there was never a written lease. She has sent me several e-mails demanding I be out by Friday at midnight, that she has spoken to the local sheriff, that she is filing trespass charges, and that the sheriff will arrest us if we are still here at that time (my husband also lives in the cottage). I'm about ready to throw some personal belongings in our vehicles and get the hell out of Dodge tonight. Which would not be ideal, but a good night's sleep in a hotel might be worth it.

 

[mightymoose]

You might contact a local attorney for a better understanding of what your options are and what the landlord can legally do, and also to prepare you for any potential contact with law enforcement.
I assure you police are not going to put you out on the street without a court order, and it will take more than a week to get that order. The most they would likely do is write a report.

 

[Disabled Vet]

where were the camera location? did they have signs up stating camera was recording audio as well?