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Can you be “kicked out” of a store because the mgr. is accusing you of stealing, but w/ no proof?
Question : Can you be “kicked out” of a store because the mgr. is accusing you of stealing, but w/ no proof?
I worked @ a large chain company for about 6 months last yr. During that time my friends also worked there & we would give each other “discounts” on certain items. (Yes, I realize it was wrong!)A few months ago my friends who still worked there got found out via a security camera. This was 4 months after I quit.1 got fired & the other had JUST voluntarily quit.They both got calls about it saying they were not allowed in the store etc. I heard nothing from anyone.Today I went in the store & as I walked past a register, my ex mgr left a customer to snatch my shirt & pull me around a corner. Told me I was banned from the store b/c loss prevention had a tape of me. The last time I did that was 4 months ago & when I asked her for proof, she had none.Said she couldn’t give details. when the others got caught they got calls ASAP & it’s been 4 mos for me.ive never gotten a call.i’ve been there lots since leavin&never got told to leave. I dont think she can kick me out w/out proof. advice?
discount security cameras
Best answer:
Answer by grips
Read the sign, “Management reserve the right to refuse service to anyone.” Yes they can.
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#3 written by almoore 1 year ago
Businesses have the right to refuse service. As long as it isn’t racially motivated she doesn’t have to prove anything. She can ban you just for not liking you. I have a buddy that’s banned from every bar in town. Okay, he might deserve it though but it sounds like you might too.
I don’t think that she should have snatched your shirt though, that sounds like it borders on assault.
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#4 written by tnfarmgirl 1 year ago
You can be banned from any private property for any reason.
It’s called the right to refuse service.
Here’s an example from the real world
I used to work at a car dealership- we had a guy who showed his butt about his car and the problems he had with it in the service dept and we had him banned.
1st we told him to leave (we at the service desk)-
then the owner told him to leave
Then we called the cops and had him removed for trespassing.
So, yep you can most definitely be asked to leave and not return. -
#6 written by Discipulo legis, quis cogitat? 1 year ago
Generally, a store is considered a place of public accomodation. It therefore cannot exclude you on the basis of race, ethnic origin, nationality, disability etc. Some federal statutes govern this, but the 13th amendment governs private actions that carry the “badge of slavery” as the Supreme Court has put it. (Finding it unconstitutional for private individuals to refuse to sell a home to other private individuals on the basis of race)
The law of tresspass governs private individuals. When you enter private property that is open to the public, you are a licensee, and that license can be revoked. When it is revoked, you must exit the property within a reasonable time and manner with due haste. A private property owner has a right to use a reasonable amount of force in defense of private property. Grabbing you by the shirt may or may not be a reasonable amount of force. Use of force must be immediately necessary to avoid a real or reasonably perceived harm.
The intentional slightest contact that brings about a harmful or offensive touching is the tort of battery, which a plaintiff may recover for actual and punative damages. Contact does not necessarily have to be with the plaintiff’s person, but may be an object that is intimately connected with the plaintiff such as a dinner plate snatched from an African American because the restaraunt refused to serve “colored people” or a car being battered by a baseball bat. (actual cases)
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It’s private property, and they can bar anyone they want for any reason.
You do not have a right to be on someone else’s property if they don’t want you there. If you go back, you could be arrested for trespassing.