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My old job has banned me from the building but I wasn't fired?

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Ozark_Sophist

Senior Member
Having a meeting with someone is great, but doesn't mean a thing. ADAs, AUSAs, and AGs are wrong all the time. Discrimination has nothing to do with this issue and why you keep going back to that, I do not know. As long as the facility treats all residents the same, there is no discrimination claim.

As for your other link, the while I don't have time to read all 50 pages, the closest thing I could find was that a resident can use whatever registered health care provider they want (7.9.2.22(N)), or "reasonable" access by various other people (7.9.2.22(B)). Neither says they override the landowner's common law right to control access to their property.

If you still need "proof" that that right actually exists, try a Property Hornbook (available online or at any law school bookstore), or, given my limited access to the internet from my ipad, see Kaiser Aetna v. US which is admittedly not on point but does contain "proof" (from the SCOTUS) that common law property rights exist, which for some odd reason, seems to be a disputed issue here.


So, you know, bricks, glass houses, all that.
You are still wrong on the point question. And I'm sorry if reading is too difficult for you.
 


Zigner

Senior Member, Non-Attorney
Rights are a funny thing. Just having a right doesn't necessarily mean it overrides the rights of others.
 

Ozark_Sophist

Senior Member
See also, WWW.Medicare.gov/pubs/off/02174.pdf

For those who find it hard to read books without a lot of pictures, skip to page 57.

Residents have the following rights, "to see any person who gives you help with your health, social, legal, or other services at any time."
 

You Are Guilty

Senior Member
So if a resident wants to see the Aurora killer (you know, for social reasons), the facility has to let him in? Really? (And I'm the one who doesn't understand property rights?)

In any event, the OP has all the information he needs to make his own informed decision. Feel free to continue this debate without me.
 

Zigner

Senior Member, Non-Attorney
See also, WWW.Medicare.gov/pubs/off/02174.pdf

For those who find it hard to read books without a lot of pictures, skip to page 57.

Residents have the following rights, "to see any person who gives you help with your health, social, legal, or other services at any time."
Funny - that allows you to "see" them (but not necessarily IN the facility)

Immediately above that is the following, which you conveniently ignored:

To have visitors at any time, as long as you wish to see them, and as long as the visit doesn’t interfere with the provision of care and privacy rights of other residents.
So, it seems that one CAN be restricted from being INSIDE the facility. Wow, what a mind-blowing concept.
 
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