NORTH HOLLYWOOD, CA — A former fitness center supervisor who sued USA Fitness after saying he was fired for complaining about unsafe circumstances and the defrauding of members had his lawsuit dropped by a decide Tuesday after he failed to look in court docket.
After Los Angeles Superior Court Judge Stephanie Bowick mentioned on May 17 she would terminate Carlos Martin’s lawsuit if he didn’t seem in court docket, she was pressured to just do that when neither Martin nor an legal professional representing him appeared in court docket in the present day. The lawyer who initially filed the lawsuit withdrew from the case in November, saying there was an “irreparable breakdown within the attorney-client relationship.”
The case was dismissed with out prejudice, which means Martin can refile the case if he offers a correct rationalization for his failure to look.
According to the lawsuit, Martin was recruited to handle the USA Fitness’ North Hollywood and Sylmar areas. He mentioned he obtained optimistic suggestions from supervisors and friends till he spoke up towards the corporate’s “scheme to knowingly defraud present and potential fitness center members” and the “unsafe working circumstances for himself and different workers.”
Martin mentioned he and different gross sales staff members have been instructed to not talk about cancellation insurance policies or computerized renewals with new members. Employees have been additionally instructed to make false representations to induce new prospects into memberships, the go well with mentioned.
The go well with additional alleged staff members have been instructed to not present cancellation tackle to present members, that USA Fitness stored billing members after their phrases expired and that members have been charged extra penalties if they didn’t have a checking account on file.
USA Fitness within the pre-pandemic period additionally required the fitness center gross sales workers, together with Martin, to work outside in excessive summer season warmth to promote memberships in violation of Cal/OSHA guidelines that obligate employers to guard employees “from acknowledged severe hazards within the office, together with heat- associated hazards,” the go well with acknowledged.
Martin alleged he was required to stroll round North Hollywood to enroll new members regardless of having a nasty again, and he claims that administration was conscious of his situation.
When Martin complained about USA Fitness’ alleged practices and work circumstances, the corporate proprietor replied, “You’re solely right here to promote memberships. You can get the hell out when you do not wish to wish to do issues my method,” the go well with acknowledged.
Martin mentioned he was fired on September 25, 2018 and suffered a broken popularity, missed profession alternatives and substantial monetary losses.
City News Service contributed to this report.