If a apartment mgr. is terminated from their employment and the employment contract has the terms and conditions of his tenancy written in the employment contract and the LL causes the eviction in violation of the employment agreement is this wrongful use of civil proceedings?
I would call a lawyer in this one. I've represented several apartment managers and quite often the landlord often mishandles things and doesn't pay the employee properly.
Call a lawyer for a free consultation.
Best of luck.
Neither of the actions you mention would constitute abuse of process or malicious prosecution. They are different torts with different elements of proof.
If you are the apartment manager, I strongly suggest you consult an employment law attorney familiar with the special rules and case law applicable to apartment managers. This is especially true if the unit is under rent control.
I am not that person but, hopefully, one of the many knowledgeable employment law attorneys will chime in. Otherwise, use the “Find a Lawyer” function here on Avvo to locate a local employment law attorney near you. Good luck.
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What you describe is not malicious prosecution nor is it wrongful use of civil proceedings. If the landlord/employer breached its contract with you, you have a breach of contract claim. However, unless your contract has a provision in it that states otherwise, you were likely an at will employee, and as such the employer had the right to terminate your employment for any reason or even no reason at all, unless the reason was an unlawful reason. An unlawful reason would be because you are a member of a protected class of people or because you had engaged in some kind of legally-protected conduct. Absent those motivations, your termination was likely lawful. And a lawful termination will usually allow an employment/landlord to immediately terminate a tenancy under most such agreements.
You need to have an attorney look at your contract, and to hear all the details of the situation.
Good luck to you.
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