If I just got fired from the restaurant that I worked at, can I be banned from the premises even though there is no reason behind being banned or fired?
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If I just got fired from the restaurant that I worked at, can I be banned from the premises even though there is no reason behind being banned or fired?
My general manager gave me no reason as to why I was fired and then proceeded to ban me from the property so I can no longer step foot in the restaurant. There is no legal reason as to why I was fired I had no write-ups and I’ve never gotten in trouble before. I did nothing to get banned from the property.
Asked on October 7, 2015 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Private property is any property owned by private persons and not by the government or reserved for public use. And people who own property, as a general rule, have the right to manage and control it as they deem fit. So to do businesses they are within their rights to establish their own rules for admitting or banning people from the property.
That having been said, in a case where an individual is prevented from entering a property, the prohibition cannot be based on the individual being a member of a "protected class" as defined by federal law i.e. a class based on race, religion, nationality, gender, sexual oreintation, disability or age. A restaurant, for example, is private property. Offering food for sale implies an invitation to enter, but the owner is entitled to ban someone from coming in for any reason, as long as it is not based legally actionable discrimination as described above.
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