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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26393
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Good evening, I want to know if I have a case to file harassment

Resolved Question:

Good evening,

I want to know if I have a case to file harassment against a specific individual or the company they work for. I haven't ever sued someone so I need advise.

I workout everyday in a NYSC (new york sports club)-a gym-in the upper east side. On 2 days a week I help an older man with his exercise routine and on one day I help a teenager gain strength because he has muscle spasms.

Today while I was training the young man. The new fitness manager approaches me and threatens to call the police if I don't leave now and stop training him. I don't want to make a scene so I tell the teenager-Bruno to just leave and that we will catch up later. When I leave I find out from the front desk person that the fitness manager that approached me said to let me know that I am banned from coming back.

I used to work as a personal trainer for this company at another of their branches in the near vicinity but the reason I came to this branch (86st & lexington) was to not be harassed if I was working out with my girlfriend,friend or relatives. So I am very upset that I travel to a new location only to have my past work experience get in the way of me having a workout with ANYONE without being assumed to be 'training'. So my argument is- why are they discriminating against me? Just because I worked as a trainer before allows them to harass me to not help/train/workout together-whatever you want to call it? IF that's the case then they should make a rule to not allow ANY former trainers to join their gym! And what about friends helping friends?

The manager for the location I worked in (76st & lexington) was moved to this new location recently. So I believe that he told this new fitness manager to 'watch me' because they are afraid I might be training independently and 'stealing' clients.

But the truth is that i only help these two people and have no intent to steal their business.

I understand where they are coming from but I want to know if a good lawyer can argue a make a case against this man?

And they also have NO evidence that I train and I have been approached before by the manager and another trainer and I have told them all that I do not accept money and to please leave me alone.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Roger replied 9 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : If you're not accepting money or trying to lure these people away for personal financial gain, etc., it really doesn't seem that the trainer would have a real legal claim against you.
Roger : The trainer may be afraid that you're making him look bad if you're a better assistant that him, but that's not illegal.
Customer:

but I am just really upset that my membership was cancelled because of this reason

Customer:

They can cancel it on an assumption?

Customer:

That's what I don't understand. I feel like he is harassing me on a personal level because he is mad that I am always there with my girlfriend and having fun working out

Customer:

and he just picked this as a reason to kick me out

Customer:

the trainer doesn't have a legal claim against me so my question is can I file a legal claim against him?

Customer:

Exactly- I think I'm making him look bad by the results with my own body and the friends I workout with and my workouts always look more fun than when he is with his clients and looking at me from afar.

Roger : sorry - I lost my connection.
Customer:

So I know that he doesn't have an legal claim against me, that he is only using his power as a fitness manager to cancel my membership but it looks like that must be some sort of discrimination or harassment.

Customer:

no problem

Roger : I'm back.
Customer:

thanks for being available

Customer:

ok

Roger : Generally, a business has the right to prohibit a person from patronizing the business, being a member, etc. SO LONG AS it is not based on some discriminatory ground - age, race, sex, disability or religion.
Roger : Thus, it is likely that they could tell end your membership as long as it is not based on discrimination.
Roger : However, you would have the right to sue the trainer and the business for harassment if there has been repeated, unwanted contact.
Roger : It may be that you could negotiate being allowed to use this gym and be left alone in exchange for not filing charges against this guy and the company.
Customer:

So a lawyer might be able to make a case using one of those discriminatory grounds? because I feel it is personal but it is not any one of those specific things

Roger : Sure.
Roger : It can be harassment even if there's no discrimination due to a suspect class (age, race, sex, etc.).
Customer:

Can this get costly? I am wondering how the legal process works because I guess the company has the funds to let the litigation last long

Roger : Yes, it could. Any litigation can get out of control.
Roger : However, having a local lawyer write a letter and threaten a lawsuit if something isn't worked out should not cost much.
Customer:

Any idea what a lawyer would charge for a letter?

Customer:

going price?

Roger : Probably less than $100.
Customer:

how much should I expect to pay for a lawyer to file a lawsuit against them?

Roger : That's hard to say.....
Roger : An attorney would likely want a few thousand dollars to get started.
Customer:

I mean would the company want to settle it? Is there a likely outcome you can forsee to happen if I did make a case against them

Customer:

in other words whats more likely- that they will settle or will they force me to drop the case ?

Roger : Sure, the company would want to settle it, but they'll probably put up some resistance. But, most cases settle before trial.
Customer:

Thanks for your time. last question

Customer:

do you know what does a harassment lawsuit against a company like this settle for? I mean I have NO IDEA what determines compensation for the defendant . A few thousand, more?

Customer:

Want to have an idea if the time and money I put in a lawyer will be compensated for in addition to the hurt I feel from being bothered by many of their staff

Roger : There's no specific guideline, unfortunately. It all depends on the facts of each case. When you go to an attorney, this would be something you'd have to discuss before paying money and going forward.
Customer:

that leads me to the final question. when I search online, what kind of attorney am I looking for in my area? criminal?

Roger : This would be a civil matter.
Roger : If you were to file criminal charges, there would be no damages/money payable, so a civil suit is the route you likely want to go.
Roger : Generally, a personal injury attorney would be the best type to contact.
Customer:

I understand.

Customer:

Personal Injury attorney. Got it

Customer:

Thank you for your help.

Roger : No problem. Thanks for allowing me to assist.
Roger : If you need anything further, please let me know.
Customer:

I will, thanks.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26393
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 7 other Criminal Law Specialists are ready to help you

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