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What are the conditions a person can be asked to leave your business?

Generally, a private business can ask a person to leave for almost any reason, provided the request is not based on illegal discrimination

. Discrimination based on a "protected class" under federal, state, or local law is illegal and can lead to legal action.

Legal reasons to ask someone to leave

Behavioral issues: A customer can be asked to leave for behavior that disrupts operations or the experience of other customers. This includes being intoxicated, using profanity, or causing a public disturbance.
Safety threats: Businesses can remove anyone who poses a danger or threat to employees or other customers.
Rule violations: Customers who break the clearly defined, reasonable rules of the establishment can be asked to leave. Examples include violating a "no shirt, no shoes, no service" policy or bringing an animal into a restaurant that is not a service animal.
Health and hygiene: A person who presents a genuine health risk due to a lack of adequate hygiene can be refused service.
Exceeding capacity: Businesses can ask people to leave if they have reached maximum occupancy as defined by fire codes.
After business hours: A person can be asked to leave after closing time, as a business is not obligated to serve customers outside of its posted hours.

Examples of illegal discrimination

You cannot ask a person to leave for reasons based on protected characteristics. Federal anti-discrimination laws protect the following classes:

Race or color
National origin
Religion or creed
Sex
Age (in applicable contexts)
Disability

State and local laws may offer broader protections, such as for sexual orientation, gender identity, or marital status.

If a customer refuses to leave

If a person refuses to leave after being asked, they can be charged with trespassing. If you must refuse service, it is recommended to:

Remain calm and professional.
De-escalate the situation whenever possible.
Clearly state that you are asking them to leave and why (based on their behavior, not their person).
Document the incident with detailed notes and consider security footage.
Call the police if they refuse to comply or if the situation becomes threatening. Do not use physical force to remove a customer.

If a person threatens legal action agaisnt you, can you ask them to leave your business?

Yes, a business can ask a person who threatens legal action to leave, as long as the request is based on the person's disruptive behavior and not an unlawful reason, such as discrimination based on a protected class. Threatening a lawsuit can be seen as hostile and disruptive, giving you a valid reason to refuse service.

Legitimate reasons for asking a person to leave

Threatening a lawsuit, particularly in an aggressive or harassing manner, is a valid cause for removal because it can create a hostile environment. You are well within your rights to ask the person to leave if their behavior includes:

Threatening, verbally abusing, or harassing you, your employees, or other customers.
Causing a disturbance or a scene.
Damaging property.
Otherwise interfering with the safe and orderly operation of your business.

Protections against discrimination

Your right to refuse service is limited by anti-discrimination laws. A business cannot remove a person for a reason related to a protected class, such as their:

Race or color
Religion
National origin
Sex
Disability

Therefore, it is crucial that your reason for asking the person to leave is based solely on their disruptive conduct and not on a discriminatory motive.

Recommended steps for handling the situation

Stay calm and document the incident. Do not admit fault or get into an emotional argument. Write down the date, time, and details of what happened. If possible, have your employees sign the report as witnesses. Security camera footage can also be valuable evidence.
Clearly and politely ask them to leave. State that their behavior is a violation of your company's policy and that you are terminating the interaction. Avoid getting sidetracked into a debate about their legal threat. A simple, direct statement is best.
Stand firm. After you ask them to leave, do not engage further. If the person continues to argue, remind them that the conversation is over.
Call the police if necessary. If they refuse to leave and you feel their continued presence is a safety issue or disruption, you can contact law enforcement to have them removed for trespassing.
Prepare for a potential nuisance lawsuit. Understand that a person can file a lawsuit even if their case is frivolous. Most of these cases are quickly dismissed, but documenting the incident protects you if the matter goes to court.
Seek legal counsel. It may be wise to speak with a lawyer to determine the best course of action, especially if the person's claims have any merit or if you are concerned about potential litigation.

Can a property owner/leesee ask a person to leave if that customer threatens legal action?

Yes, you can require someone to leave your business if they threaten legal action, especially if the threat is part of a broader pattern of disruptive behavior, though the specific legal recourse depends on the details of the situation. You can ask them to leave, and if the threat is part of a larger issue, such as violating company policy or creating a hostile environment, you may be able to take further action. For example, if the person is an employee, you can fire them for misconduct like making threats. If they are a customer, you can ask them to leave your premises, and if they refuse, you may involve law enforcement for trespassing.

Steps to take:

Assess the situation:
Determine if the threat is an isolated incident or part of a pattern of behavior.
Ask them to leave:
For customers, simply ask them to leave. If they refuse, they can be treated as a trespasser.
Consider legal action against the person:
If you are the victim of threats or harassment, you may have grounds to send a cease and desist letter or file a lawsuit.
Involve law enforcement:
If the person refuses to leave, you can call law enforcement to have them removed.
Consult a legal professional:
It is recommended to seek legal advice from a lawyer to understand your specific rights and options, especially if the person is a former employee or a regular customer.

Important considerations:

Documentation:
Keep a record of all threats, including the date, time, and any witnesses. This information will be crucial if you decide to take legal action.
Retaliation:
Be mindful of any potential retaliation. For example, an employee who files a discrimination charge cannot be retaliated against.
Legal nuances:
The legality of a threat depends on the specific circumstances. A threat to file a civil lawsuit is generally not illegal, but it can become so if it is considered harassment or extortion.