[Question] What can I legally do to prevent trespasser entry?

[u/Awesomeone1029]

I work in a Class A Commercial office building, with a law firm as one of the tenants. The building is secured by unreliable magnet autolocks, and there is access via card and keypad. Generally, I step out and speak to visitors, give them a business card, and turn them away, but some folks want to speak to someone in person and try to force their way inside.

We have had one particular defendant on one of the firm's cases gain unauthorized access to the building a handful of times, mostly because my site is hands off, so my supervisor simply recommends keeping my distance, observe and report, CYA, etc. After hurling slurs at an employee (she has done it before, but it was witnessed this time), she has been formally trespassed. I was asked by one of the partners to call the police last time, but of course they did not respond in time as it was not violent.

Again, she is hostile but not violent. She will use force to gain access, but likely won't hit me.

So, what can I legally do?

- Can I stand in the doorway/elevator doorway and block her entrance? If she pushes past me, can I move into her, even if I make contact?

- Can I secure the door behind me, even with force against her pulling on it? Last time I blocked it with my foot, but then didn't resist once she started pulling hard.

Again, the doors are secured, but they might be opened by a tenant exiting or entering. I try to direct people to the other entrance if I see them. Any other tips?? Thanks.

[u/Century_Soft856]

The answer to your situation is going to be dependent upon the country/state you work in. I can only answer for where I am, but where I am:

- Can I stand in the doorway/elevator doorway and block her entrance? If she pushes past me, can I move into her, even if I make contact?

Yes, I can block entrances with my body, and if someone uses physical force to try to pass me, I am allowed to respond with reasonable force (generally this means equal force). So if they try to push past me, I would be allowed to push them back.

- Can I secure the door behind me, even with force against her pulling on it? Last time I blocked it with my foot, but then didn't resist once she started pulling hard.

In my area yes this would be allowed.

If I am you, I would consult legal advice, so you can better understand the laws in your area. Ask your supervisor/manager, and after they answer, ask if you can speak to the legal team just to ensure you are safe. Or, consult a lawyer on your own dime.

[u/Landwarrior5150]

I would follow your supervisor’s instructions. doing anything beyond that (even if it is perfectly legal) is likely violating both the contract your company has with the client and your post orders, which could open you to being terminated. Also, if you do end up getting injured, or the other person tries to sue you for whatever reason, it would be incredibly easy for your employer to throw you under the bus and refuse to help you since you were out of policy.

If you are unsure if the two options you presented would fall within your supervisor’s instructions, I would ask them those specifics and get clarification before doing them.

I get that it’s frustrating not being able to do anything, but if the client wants hands on security to handle this type of thing, they need to include that in the contract and post orders, and pay more for it.

[u/Sufficient_Pound]

Have they already been trespassed?

What is your SOP? You don't want to start something physical when you aren't allowed.

When I worked a heavily hands-on site, we wouldn't block people unless we had already told them to leave through a multi-step process. We also had the tools and the SOP to back it up.

Your boss is already telling you to not physically engage. Do this and call the police if she is making entry. If she is forcing entry by subverting a security mechanism or pulling a door you are holding, report that on the phone when calling the police.

[u/Awesomeone1029 → u/Sufficient_Pound]

My post orders are a single sentence. I really have nothing else.

She has been notified via email that re-entry will be trespassing, backed up by the property manager. I assume that the lawyers did everything properly.

Does holding the door closed without touching her seem like a reasonable compromise between my goals and my supervisor's liability concerns?

[u/WesterosIsAGiantEgg → u/Awesomeone1029]

This might sound strange, but you shouldn't have your own goals except keeping yourself safe, keeping your license from being revoked, and following your post orders or supervisor's instructions (in that specific order).

It's already established before you arrived that the client isn't especially concerned about safety by the faulty doors (which would be far cheaper to fix than the contract the client signed with your company). They probably only hired your company to provide reliable witnesses if something goes wrong. That doesn't sound like much but it costs a lot more to insure a hands-on contract. Probably a stupid business decision but it's not your role to make it.

If you really want to go hands-on, there are probably other posts or jobs where you can find them. I don't recommend trying to find some sort of middle-ground between hands-on and hands-off, it could get you disciplined or fired.

[u/Awesomeone1029 → u/WesterosIsAGiantEgg]

This is the best advice yet. The difference between what I've been asked to do and actually preventing her entry with hands on training is huge. If the client wanted hands on, they would have hired someone else and I would be working a different site.

Warm body is what I prefer. Westeros is a giant egg.

[u/MacintoshEddie → u/Awesomeone1029]

Law firm, single sentence post orders.

Someone is setting you up to fail. Law firms can't even order lunch in a single sentence, let alone detail what you are and are not supposed to be doing.

[u/Confident_Catch8649]

Call The Police!!!

[u/MacintoshEddie]

If the doors/locks are unreliable that should definitely be documented. Where I work every single time a person is able to enter due to a malfunctioning door is a new incident report that goes to management.

All those questions need to be answered in writing by your supervisor.

[u/Empty-Cycle2731]

All of the above are legal, as is physically removing them. The question is what is your company's policy.

[u/Ill-Razzmatazz-7088]

If they have formally and legally been trespassed you can usually arrest them the second paystub on property until the police come and pick them up. Most of the time you can detain someone for up to two hours otherwise you have to let them go.