Employment Law

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Here's my inquiry. For over 17 years I have been a member of…

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Here's my inquiry. For...

Here's my inquiry. For over 17 years I have been a member of the Vineyards Country Club, Naples, FL. Over the past approximately 8 years I have worked out in their fitness center 3 times per week with their personal trainers. Before working out with my current trainer I worked with a trainer, Andrew. Andrew was let go or quit working there several months ago. The fitness center manager claims Andrew did not charge me for all of the sessions for which he trained me and is asking me to pay up for the uncharged sessions. I’m wondering if this was a mistake on the part of the manager due to improper oversite of the employee. If so it seems I do not owe the unpaid balance.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I'm not sure except I believe Andrew was employeed part time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of now.

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
12/6/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
OK. I'll wait.
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 4 months ago
I'm waiting.
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

I understand. Please bear with me a moment.

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Customer reply replied 4 months ago
I do not want a phone call. Please tell me how much longer it will be before you answer!
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. I'm trying t type up the answer to your question now so please bear with me a moment.

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Customer reply replied 4 months ago
ok
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

This situation is a bit tricky, but there is something important to understand when situations like this occur. Under the rules of waiver and estoppel, it is possible that the terms of the contract (your payment of services) won’t be enforced. As far as waiver is concerned, there are several types of waivers. Generally, a waiver may be express (meaning that it was clear that a right by one party is being given up); implied (meaning their conduct clearly indicates a right won’t be enforced); or by silence (meaning that the other party learns of facts regarding their rights under the contract, but choose not to enforce the right).

There is also the issue of estoppel. Estoppel is a bit different in that the courts will look to whether enforcing the other party’s rights results in fair play. For example, if a party accepted late payments for years, they cannot cancel the contract citing a breach of contract because it would be unfair for them to do so.

There’s no bright line rule on this as it is case-specific; however, if they had the right to payment, but decided never to collect for however long, then a court would probably rule that they wouldn't be entitled to any money if they were negligent in keeping track of their finances.

On the other hand, there's also the issue of mistake. If a person makes a mistake in a contract (e.g. not collecting payment or failing to provide payment deadlines) and the other person did not know and had no way of knowing that this was the case, then you may be able to say that you didn't breach the contract (which is what they're alleging).

So, in the end, the answer is that a court would probably force you to pay something; however, you may not owe for the entire balance. The decision would be up to a judge or a jury ultimately.

What other questions did you have for me today that I can help you out with:-)?

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