our rights as contractor PTs after dismissal without notice n without cause?

[hurdle7]

Hey guys,

I was wondering if you guys could help me out here?
Last week I was fired from a gym after having worked there for more than a year and having had the best track record amongst all trainers (according to the stats released by the club itself -retention rate, client satisfaction, client's progress etc..)

The only reason offered for my dismissal was: "I'm not a good fit for the club." and I did not receive a notice in writing. Was only informed by phone.

Do you guys know what our rights are at this point? While doing some research on the net, I came across the following statement on a number of sites:

"You are entitled to receive a written statement from your employer giving the reasons why you have been dismissed if you: are an employee and have completed a year’s service with your employer"

Is that true? and if you've been dismissed without cause, is there any action you could take against the club?

I'd appreciate your help!

hurdle7

[3lixer]

What state are you in? Laws vary by state on employment issues such as this.

[sonti]

Yes, you need to provide your state (or province, not sure what country you are in).

Do keep in mind that something like a written requirement for reasons is usually sufficient to make a complaint to labor boards but nowhere near the criteria for wrongful dismissal (which is another beast).

But I googled that phrase you copied and it sounds like you are in the UK?? Can you confirm that.

[hurdle7]

What state are you in? Laws vary by state on employment issues such as this.

ON, Canada

[sonti]

Okay, thanks. I'm not sure where you googled about written reasons - this is not a requirement in Canada or Ontario's labour laws. The employer is not required to give you any reason, verbal or written.

http://www.labour.gov.on.ca/english/...ermination.php
You should have been given two weeks notice at 1+ (<3 years) employment.

If you want to make a complaint you go to the labour board:
http://www.labour.gov.on.ca/english/es/forms/claim.php

But at this point, you only have the right to make a labour board complaint. At best, they might get a spanking and you be given 2 more weeks on the books though. There's not much more to do here unless it's true illegal discrimination with solid evidence (ie. being told you're fired because you're X race or whatever).

[ppryts680]

It depends if the facility is indeed listed as a "club". Clubs can get away with more due to it being an exclusive entity. They have the ability to hire, fire, or let in members whomever they choose. This information was given to me by my fiance who has a b.s in hospitality management and an masters in human resources.

[BC02]

happens all the time in az. ask for money owed to you by the gym and if they dont want to pay you, you are gone. the manager wants to hire her boyfriend but theres no positions open, she will fire you to open one for him.

[EdgarAllanPoe]

unfortunately contractors don't have many rights. I was let go for no reason as well.

I actually got a raise based on our contractual agreement and they didn't want to honor it. So they'd rather let me go then pay me what i had earned. This was an ongoing issue with them. I had an issue getting my proper check three pay periods in a row. My final check was not the correct percentage. But half my clients followed me and probably 75% of the remaining clients just quit altogether as far as i know. So they lost out anyway.

I contacted the department of labor and they pretty much told me they won't help me cause im a contractor but i could file a ss8 form with the irs to be labeled an employee, THEN they could represent me. BUT, if i file as an employee i could say goodbye to all my writeoffs and it would end up costing me way more money then before.

I worked for some crooks, they even damaged two pieces of my equipment when i went to pick up my things and acted like they didn't know what happened. Filed a police report like a month ago and it looks like its not really going to go anywhere.

Time and time again, working for these people it'd be like do x,y,and z and we'll give you THIS. Then i would do x,y, and z and it was always an ordeal to get "THIS" although i always handled my end of the deal.

I think the problem is all these trainers want to run their own business and have people work under them but the reality is they have no clue how to run a business and they can't make ends meet...so the contractor always gets screwed. There are exceptions of course but i think thats where the problems are. These people are worked for will be out of business in no time.

I actually contacted old trainers that had worked there and they screwed them all over, two never got their final checks, one they had threatened to call the police to pick up her own stuff. The owners wife said it was a donation to the gym, lol...they're insane.

Another thing that sucks is you can't really bad mouth them or it will make you look bad or like you're holding a grudge. I'd prefer to tarnish the name (altho they're doing pretty good on their own) but I'll end up getting in trouble even if i'm telling the truth. So yeah, it sucks all the way around as a contractor.

[EdgarAllanPoe]

ask for money owed to you by the gym and if they dont want to pay you, you are gone.

exactly, the people i worked under then went and tried to bad mouth me to my clients saying i was difficult and didn't want to follow the rules, etc....I'm basically sitting here honoring my side of the agreement and its impossible to get them to honor anything and when i bring it up I'm just so out of line.

[WoofieNugget]

You're basically SOL but I find it hard to believe that you didn't see this coming. Did you really piss off a manager or be rude to a customer or something like that? Bad customer service? Was it a big chain gym or just a small local? The only time I ever got blindsided at a small boutique gym was when the owner and I had already had an argument over a client.

Contact all of your client immediately and try to get them to go private so you can at least make some money and quickly start looking for a gym space you can rent time in. I'm sure depending on what city you are in there is one in your area.

[Boom782]

Hey guys,

I was wondering if you guys could help me out here?
Last week I was fired from a gym after having worked there for more than a year and having had the best track record amongst all trainers (according to the stats released by the club itself -retention rate, client satisfaction, client's progress etc..)

The only reason offered for my dismissal was: "I'm not a good fit for the club." and I did not receive a notice in writing. Was only informed by phone.

Do you guys know what our rights are at this point? While doing some research on the net, I came across the following statement on a number of sites:

"You are entitled to receive a written statement from your employer giving the reasons why you have been dismissed if you: are an employee and have completed a year’s service with your employer"

Is that true? and if you've been dismissed without cause, is there any action you could take against the club?

I'd appreciate your help!

hurdle7

It also depends on any paperwork you may have signed when you first took on employment. I have it stated in all my contracts that my employees or myself can terminate employment at any time with no notice for no reason(obviously in better legal writing, but thats the idea of it). So if its in writing and you signed it then you have no ground to stand on. If possible find any paperwork you signed/received when you started and read it over very carefully.

[Quistfitness]

For all of you USA trainers don't forget if your employer says things about you to clients; and those comments resulted in your loss of income (i.e. they decide to discontinue their training). Get a written testimony (don’t forget to get it legalized) on why they decided not to continue, and take the company to small claims court. The employer needs to be held accountable for mistreating the trainers.