Job came with housing, just got fired! Now what?

[ericdfromvt]

What is the name of your state (only U.S. law)? Colorado (Ouray)
I have been the maintenance man by day payed hourly, and night auditor by night payment being a 1br apt with utilities included at no cost for an Inn in Ouray Colorado for approximately 5 months. My girlfriend also works at the front desk of the inn and is payed hourly.
This past Sunday my boss blew up, fired me, and demanded we vacate the apt immediately.
While I was trying to investigate our rights and exactly where we stand legally he throws a curveball and sends an email saying neither of us showed for work yesterday nor did we call in therefor he's taking it that we quit and as he's afraid that our being around may negatively affect his business he wants immediate possession of the apartment.
We could really use some solid legal advice asap on this matter before he escalates things further and enters forcibly to throw us and are belongings out.
It was suggested to me that if we're fired he would have to go through an eviction to get us out but if we quit we voluntarily gave up both employment and the apartment and have only a short time to vacate which would explain todays email but I don't know for a fact if that's true or not.
Any help/advice appreciated, thanks in advance!

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado (Ouray)
I have been the maintenance man by day payed hourly, and night auditor by night payment being a 1br apt with utilities included at no cost for an Inn in Ouray Colorado for approximately 5 months. My girlfriend also works at the front desk of the inn and is payed hourly.
This past Sunday my boss blew up, fired me, and demanded we vacate the apt immediately.
While I was trying to investigate our rights and exactly where we stand legally he throws a curveball and sends an email saying neither of us showed for work yesterday nor did we call in therefor he's taking it that we quit and as he's afraid that our being around may negatively affect his business he wants immediate possession of the apartment.
We could really use some solid legal advice asap on this matter before he escalates things further and enters forcibly to throw us and are belongings out.
It was suggested to me that if we're fired he would have to go through an eviction to get us out but if we quit we voluntarily gave up both employment and the apartment and have only a short time to vacate which would explain todays email but I don't know for a fact if that's true or not.
Any help/advice appreciated, thanks in advance!

You should at least respond to his email stating that you did not quit, he fired you. Other than that, I do not have any advice to give you as I am not familiar with the laws around that short of arrangement in CO.

 

[HRZ]

Your state has a separate employee occupancy law ...I m lousy at links ...look it up ...it is far from clear as to IF your employer got the requirements right ..especially as to proper notice .....if he did, you can be forced out in about 3 days....

I would NOT immediately respond to his email ..you need to clarify if email notice counts as proper notice in CO ....sometimes if you respond to improper notice it can be held to be a waiver of your defense as to defective notice....notice is a big legal deal....IF and that's a big IF, the LL got it wrong ..read the law on point...you may be entitled to full longer due process steps to evict ...but bottom line...your days are very limited.

File for unemployment ...

 

[HRZ]

PS if your GF was a no show and not otherwise fired earlier, she may have quit or left herself open to being fired for cause .

 

[adjusterjack]

Your state has a separate employee occupancy law ...I m lousy at links ...look it up ...it is far from clear as to IF your employer got the requirements right ..especially as to proper notice .....if he did, you can be forced out in about 3 days....

I haven't found it either.

What I did find was that the CO landlord tenant statute does not apply to:

(e) Occupancy by an employee or independent contractor whose right to occupancy is conditional upon performance of services for an employer or contractor;

It's 38-12-511 at:

http://www.lexisnexis.com/hottopics/colorado/

My guess is that a terminated employee has no more right to lodging than he would have to his parking space.

Unfortunately, I couldn't say whether a recalcitrant employee would have to be evicted through the courts or removed by the police as a trespasser once the deadline passed.

 

[LdiJ]

I haven't found it either.

What I did find was that the CO landlord tenant statute does not apply to:



It's 38-12-511 at:

http://www.lexisnexis.com/hottopics/colorado/

My guess is that a terminated employee has no more right to lodging than he would have to his parking space.

Unfortunately, I couldn't say whether a recalcitrant employee would have to be evicted through the courts or removed by the police as a trespasser once the deadline passed.

There has to be some time frame, even if its only 24 hours...I cannot imagine that an employee with provided lodging wouldn't at least have enough time to pack up their belongings and get out reasonably.

 

[adjusterjack]

There has to be some time frame, even if its only 24 hours...I cannot imagine that an employee with provided lodging wouldn't at least have enough time to pack up their belongings and get out reasonably.

Agree. But OP was told Sunday to leave but as of yesterday afternoon (Thursday) he is still there.

That's 3 days.

I've had people move out of my rentals overnight with families, animals and a house full of furniture.

 

[quincy]

Colorado has an "Employee Occupancy Law" (CRS 8-4-123) that allows for the ouster by an employer of a former employee from housing provided by the employer as part of an employee's compensation package.

Colorado bypasses landlord/tenant laws by considering the housing a "license to use" rather than a lease.

The employer must provide the employee with a notice to vacate the premises and the former employee is given 3 days after receipt of the notice to vacate. If the employee does not leave, the employer can have a sheriff escort the employee from the premises.

This is in contrast to many states that require the employer to follow the state's landlord/tenant eviction laws.

 

[HRZ]

ACtually the employer requirement are a bit more demanding and some CO legal,sources state if Employer bungles the steps he may be stuck to do the traditional full blown due process ...in particular being verbally told to leave may not count as proper notice if the law requires written notice...and there must be a Prior written agreement meeting requirements of (2) below
But..be prepared to move SOON? ...


You mentioned in your post that your are in Colorado.

Colorado Revised Statutes has what's known at the Employee Occupancy Law.

TITLE 8. LABOR AND INDUSTRY
LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT
ARTICLE 4.WAGES
C.R.S. 8-4-123 (2014)
8-4-123. Termination of occupancy pursuant to contract of employment - legislative declaration

(1] The general assembly hereby finds, determines, and declares that many businesses, such as nursing homes or building management companies, either desire or are required by law to have staff on premises at all times. As part of the compensation for such employees, many employers offer housing to employees. However, once that employment relationship ceases, it may become undesirable for such employees to occupy the premises for many reasons, including the safety of the employer's patients, clients, customers, or tenants. Under traditional landlord and tenant law, such employees may have established the technical or legal right to occupy the premises for a fixed term that continues far beyond the cessation of the employment relationship. However, in employment situations, such occupancy is not a tenancy, but a license to occupy the premises pursuant to an employment relationship. The occupancy of the premises by the employee is not entered into by the employer for the purpose of providing housing, but merely as a means to provide services to the employer's patients, clients, customers, or tenants. In certain cases, it may be necessary to curtail the occupancy of former employees in order to protect the rights or safety of an employer's tenants or patients.

(2] (a] Pursuant to a written agreement meeting the requirements of paragraph (b] of this subsection (2], a license to occupy the premises entered into as part of an employee's compensation may be terminated at any time after the employment relationship ceases between an employer and employee. A termination of a license to occupy the premises shall be effective three days after the service of written notice of termination of a license to occupy the premises.

(b] An agreement made pursuant to this section shall be in writing and shall include the following:

(I] The names of the employer and employee;

(II] A statement that the license to occupy the premises is provided to the employee as part of the employee's compensation and is subject to termination at any time after the employment relationship ceases;

(III] The address of the premises; and

(IV] The signature of both the employer and the employee.

(c] The notice of termination of a license to occupy the premises shall describe the premises and shall set forth the time when the license to occupy the premises will terminate. The notice shall be signed by the employer or the employer's agent or attorney.

(3] If an employee fails to vacate the premises within three days after the receipt of the notice of termination of the license to occupy the premises, the employer may contact the county sheriff to have the employee removed from the premises. The county sheriff shall remove the employee and any personal property of the employee from the premises upon the showing to the county sheriff of the notice of termination of the license to occupy the premises and agreement pursuant to which the license to occupy the premises was granted.


Whether the statute applies to you or not depends on details you haven't revealed yet but if you have already departed the premises it might not make a difference.

 

[quincy]

ACtually the employer requirement are a bit more demanding ...

Yes, the actual law is more detailed than my synopsis. I will try to provide live links from now on for easy review.