Legal Question in Business Law in Missouri
Does a business have a right to banish any individual it would like to?
What legal rights do businesses have when it comes to banishing an individual? Can they pick and choose anyone at will, or must they have a reason behind their decision to refuse service? What laws specifically outline these rights? If my former employer refuses to allow me to visit their business because I quit, can they legally do that? They threaten to arrest me if I return, can they do this? thanks
4 Answers from Attorneys
Offhand, they probably can banish you.
A biz can't refuse service for specific illegal reasons such asfor the purpose of indulging their racial discrimination, but tosingle out an individual they don't like is usually acceptable, unless, for example, there's no other vendor (like the phone companyor electric company).
What kind of business is this? Are they mad only because you quit?Are they smearing your reputation? What city in MO do you live in?(If it's St. Louis, tell me please the name and location of thebusiness.)
Banishment from Premises
You don't provide a lot of information, but it sounds like the company is within its rights. Ex-employees are generally no different from members of the general public, and have no "right" to be on the company's premises. It sounds like you've been returning to visit old colleagues, which some companies might not mind. However, many would (especially if the circumstances of your departure were less than amicable) and they have a right to do so in almost all instances.
Someone who enters property without the consent of the owner or leaseholder is a tresspasser. The trespasser must leave upon the owner's demand (in fact, the trespasser had no right to be there in the first place) and can be arrested for refusing to leave.
Unless there's more to the story, I think you have to stay away.
Banishment from a business
In my state (N.C.) a business probably can banish anyone from their premises. Their premises are private property and, if you are notified that you are not to come on their premises, they can have you arrested for trespassing, which would be a minor misdemeanor in N.C.
So, if they have told you to stay away, you'd better do it!
Business banishing former employee
A business can banish anyone it wants as long as it does not do sobecause of "suspect categories." These catagories are race, religion,national origin, handicap, color, etc. As a former employee, they canprobably banish you.