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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a personal trainer that my place of business considers

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I am a personal trainer that my place of business considers an independent contractor. After reviewing the description on le.utah.gov I might be an employee. I gave notice that I was leaving to move out of state in a month and when I did that my employer decided to fire me then. I have clients who have sessions still remaining with me that they have paid for and I have been paid for (I am paid at time of signing new clients or resigning existing clients). My employer is telling me I need to reimburse them for the amount that my clients still have. Do I need to do this? I wanted to finish the sessions before leaving, I have no signed contracts with my employer.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

if you are an employee they would be liable for any losses,

wallstreetfighter :

if you are a contractor, and were terminated by the gym, you can argue that you are not liable for these clients fees, as they terminated you, and did not allow you to finalize the clients

wallstreetfighter :

In terms of the payment if you were paid at signing,and no services were provided by you,

wallstreetfighter :

the client could bring a suit against you,

wallstreetfighter :

however, if the clients signed an agreement with the gym,

wallstreetfighter :

and the gym paid you on the side as a commission,

wallstreetfighter :

the gym is liable as they had the contract with the client, and the client would sue them

Customer:

I am paid as a contractor, I get a commission percentage at time of signing. Clients have contract with the gym not with me. I wanted to finish the sessions but the owner thought it was "best" if I left now and not wait. The gym will finish the clients sessions that they have paid for, but I will not be the trainer doing it. It sounds like I don't need to pay them back.

wallstreetfighter :

Did you do work to bring in the clients?

wallstreetfighter :

Were they your clients, that you had sign up with the gym?

Customer:

Yes. Some of them are referred from other clients and some were friends, others I sold in classes but there were a few that signed up and were given to me but I have to "resale" them every 24 sessions.

wallstreetfighter :

then you should not pay the gym

wallstreetfighter :

they would not have gotten any of the clients without you, and your pay is a commission of bringing them the clients,

wallstreetfighter :

In fact they have not suffered any loss, as the clients were serviced by them,

wallstreetfighter :

and they were paid in fees,

Customer:

Thank you.

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