What to do if I’m a former employee of a retail chain and they won’t allow me back on the property?
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What to do if I’m a former employee of a retail chain and they won’t allow me back on the property?
I’m a former employee was granted intermittent leave under FMLA for Parkinson’s disease but I was terminated because they no longer wanted to accommodate me. A month later there were 2 police officers at my door asking me to sign a trespass warning because the store allegedly heard through a third person that I made threats against them, which is not true. Despite them having no proof I complied with the police and signed the trespass. I was not given a copy. Almost a year later, I stopped into the store to return an item simple transaction, no problem. Yesterday I received a court summons for criminal trespass. Is there a way to fight this? I feel harassed.
Asked on December 12, 2012 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A private employer, even a store, has no obligation under the law to let former employees onto its property, especially if there is any reason to think they might pose a threat or be disruptive. (You may disagree, but if they heard that you made threats, they may take action based on that.) Therefore, your former employer does have the right to tell you to never return, and if you come back, after that warning, you would in fact be considered to be trespassing.
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