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I had worked at a retail store. I was terminated without cause. Since then the manager changed to someone else I had worked with and upper management has stayed the same. I am now working for a marketing company. Part of my job is to go into various retail stores. I was assigned to go into the one I had been fired from.

While I was there, my manager called me and told me I had to leave. I asked the manager working at the store (who is part of their own company) if there was a problem. He said I was banned from the store. I asked why. He replied that he was on the clock so he couldn't discuss it but if I didn't leave he would charge me with tresspassing.

The manager at the marketing company said she may have to cancel my future shifts which sounds to me like getting fired. These other shifts have no involvement with the store. The manager is new and this is really unfortunate that this is the first time I've worked with her. Since the job is part time I legally don't get as much protection.

My question is, should I ask the manager if she wants or preemptivley send her any of the following as evidence:

  1. I have a record that I was terminated without cause and received severance (in fact the store paid me below the legal limit of the severance I was entitled to).
  2. Positive references from the other people working at the store
  3. Receipts from other times I had been in the store since being fired to prove that I was allowed in.

Should I tell her that the manager threatened to charge me with trespassing hours after I had started working?

As an aside, I feel like all of this is very immature. I would like just not to participate but I see no other option than act defensively.

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  • I don't understand the part where your manager called you?
    – njzk2
    Jun 3, 2023 at 8:29
  • Maybe, it is a good idea to apply for new jobs elsewhere. Jun 3, 2023 at 15:08
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    @njzk2 the current manager called me (they do not work on site). They said I had to leave because of something the store staff said about me. I asked the store manager if there was a problem. He said he wouldn't get into it but would charge me with trespassing if I didn't leave. I have not received an explanation.
    – Bawaltic11
    Jun 3, 2023 at 19:56
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    Things escalated extremely quickly. Now I'm fired from this company because "they have a one strike policy for complaints made by retailers". This email came from my manager's manager. Should I argue? Should I at least reply to the email stating I was given no explanation and was unaware of any problems, to cover myself?
    – Bawaltic11
    Jun 7, 2023 at 3:12
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    @Bawaltic11 I doubt it'll save your job but it'd certainly help you to know what you did. Jun 7, 2023 at 10:05

4 Answers 4

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We can't offer any legal opinions without you adding a location tag since labor laws vary greatly from country to country and state to state.

In most legislations this probably look like this:

  1. A private store can choose not to do business with you and ban you from entering the store for any reason or no reason at all UNLESS you are in a protected class, in which case this constitute discrimination.
  2. If your current job requires entering a store you are banned from, you cannot perform your duties per the job description. This may be a trigger to terminate you, although most employers would attempt to find some sort of a workaround (e.g. have someone else cover the store). Being banned from a store is certainly not helping your resume and employability.
  3. If you got banned from the store without a good reason AND you incur a hardship because of this, you may be able to sue the store for damages.

All of that is rather complicated and your best bet is to talk to a local labor lawyer that can help you understand the specific rules, the potential strategies, and how best to proceed.

Legal action is a means of last resort, but subtly hinting at "potential legal action" can often help to arrive at a "mutually beneficial solution".

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    UNLESS you are in a protected class and the reason is due to that class. Jun 3, 2023 at 15:25
  • This escalated extremely quickly. Now the marketing company has fired me because they have a "one strike policy for complaints". Should I bother arguing or at least leaving a record that I was given no details?
    – Bawaltic11
    Jun 7, 2023 at 3:26
  • @Bawaltic11 you have been given details: the customer complained about you. We can't know what the complaint was or whether it was a valid complaint, but your (now former) employer seems to consider it valid.
    – jwenting
    Jun 9, 2023 at 12:23
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I'm going to be honest here- this post reeks of Kettle Logic. I get that you personally feel this is unjust but acting like this isn't going to help here. The facts are:

  1. You were banned from the store. You're very unclear on whether this was related to your dismissal or due to an incident afterwards.
  2. You need to enter the store as part of your job.

You seem to think that if you convince your employer or perhaps us that if the ban was unjust, it will somehow go away. This is not the case. A private business may refuse to allow anyone on their property for any reason besides unlawful discrimination. "Got fired by us" is not a protected class anywhere I know of.

The fact that the manager threatened to charge you with trespassing while you were trespassing is irrelevant. Proving you were banned after being dismissed is only going to make things worse. If you got banned for being dismissed you could explain it as "store policy". Getting banned after means you did something bad enough to get you banned.

Instead of whining about the perceived injustice, focus on a solution. This will be one of the following:

  1. Contact the store manager. Apologise for whatever you did and persuade him to lift the ban for purposes of your work. It's likely that he has a vested interest in keeping a good relationship with your employer- I know if the store I work at didn't comply one of our merchandisers we'd get hell for it.
  2. Take shifts that don't involve that store.
  3. Find a job that isn't incompatible with your ban.
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  • "You're very unclear on whether this was related to your dismissal, due to an incident afterwards." I was not given a reason for the ban. Is there something I said that made this confusing?
    – Bawaltic11
    Jun 3, 2023 at 19:59
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    @ComicSansSeraphim He's saying he doesn't know why he was banned.
    – nick012000
    Jun 3, 2023 at 23:57
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    If you really don't know why you were banned, as opposed to disagreeing with the reason, you do need to figure that out before whatever it was happens again. That is not something that happens to many people, and the number of people who didn't provoke it is vanishingly small. Assume you aren't the exception.
    – keshlam
    Jun 5, 2023 at 0:03
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    Speaking from experience in retail, companies hate banning people. The only ways to get banned are theft or aggressive behaviour. Jun 5, 2023 at 20:18
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    "(in fact the store paid me below the legal limit of the severance I was entitled to)" Also, the fact that you believe they cheated you on your severance, whether this is true or not, is another potential reason they're afraid of you being on their premises. Jun 13, 2023 at 20:27
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It sounds like the simplest answer is to tell your current employer "I have some history with that particular store's management, and I won't be the best person to represent you there. I think you should assign someone else to handle that account."

Your new employer may have sufficient staff that they're able to do this.

Or they may not. In which case they may indeed decide that your are not the person they need for this job. There isn't a lot you can do about it if so, other than look for a job which doesn't require that you work with that particular store.

I wish I had a better answer. But working with your new company to do what's best for them is the place to start.

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The problem for you is this:

The reason why they have banned you from the store can be as arbitrary and fallacious as it is possible to get... And they are still within their rights as the Store Owners to say that you are not allowed on the premises.

A private shop is not required to justify why they are denying you entry. They only have to say that they are and you have to abide by it.

Now - in terms of your job, If you can't be on site at a clients premises, then that's generally not good for your career with that company. As above - your company has no leg to stand on and if you are unable to do your job, you're unable to do your job.

You could ask them to transfer you to an account that doesn't have this problem - but that's extra work and effort for them that they wouldn't need to make for someone else.

If your current company has a company that you are banned from, I'd consider looking elsewhere.

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    @Bawaltic11 - Nope and Nope. The company could say the same thing - had they known that you were blacklisted from a client site, they wouldn't have hired you. In terms of Slander - you'd have a hell of a time proving it - because the core accusation 'We have blacklisted them from our site, we don't want them coming onto our premises' has nothing untrue about it, even if it did (in a legal sense) harm your reputation. Jun 3, 2023 at 7:04
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    @Bawaltic11 - You being fired is a separate issue from being banned from the store. If you cannot prove what they said you cannot prove slander. Slander is difficult to prove even if you know what was said, as you also have to prove, who said it knew it was false. Since who was saying it, is different from the manager who fired you, that will be difficult to prove
    – Donald
    Jun 3, 2023 at 7:07
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    @Bawaltic11 What exactly are you trying to claim is slander? They said you're banned. That is true. Jun 3, 2023 at 12:18
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    @Bawaltic11 That would prove that you were banned at some point between your dismissal and now. Which if anything is even worse since now I'm wondering what you did. Jun 3, 2023 at 12:22
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    @Bawaltic11 - So have a discussion with your boss, we only know what you have shared, and you have indicated you don't even know the reason you are banned from the store.
    – Donald
    Jun 4, 2023 at 17:03

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