You could, without divulging information contact the gym and ask if they have a policy about their employees interactions with their members. For example, would it be against their company policy for an employee to socialize or date a member? Depending on the number of other wives that this person is “training” it may be in the company’s best interest to at least be informed that there could be legal action against this person due to this matter.
I’m not sure about the liability part, but I would think that would also depend on whether or not the company trained him for this specific position.
I’ve, anomyomous, requested a copy of their policy on dating members.
I got a reponse claiming the a third party subcontracts out the trainers. While true in most of their locations, its not true at this location. Should I continue to push for the policy though anomymous channels or should I go through legal channels?
The gym is not liable for the employee’s conduct in this instance.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
If my wife had an affair with a personnel trainer at a major gym chain, do they, the gym, have any liablity? Or could this be a case of them potentially hoping to completely avoid any bad press, and offer a small monetary settlement, along with terminating the trainer.
thank you for your time,
Concerned Husband