Q: Ex gym member, and former employee of the same gym gets over looked for a position, and gets banned from the same gym?
Discrimination, perhaps? A friend of mines was banned from becoming a member of a popular gym (that he was a member, and an employee) for being accused of training someone, on his off day? He mentioned that he was hired as a salesman, and most of the people he tried to sale personal training packages too, wanted him to be their trainer. He told me that, after a while of him hearing this from new and existing members of the gym , he mentioned it to his superiors, but they overlooked him, and started interviewing and hiring other trainers for the personal training position(s), instead of promoting him (from the inside), to a personal trainer position, in which he is already certified as a trainer. My friend has told me that he has spent 30 of his 40 year of living inside the gym(s). A dedicated gym rat- a lifer. He told me that he is really depressed, because he really loved helping the people, and about being barred and/or banned from the gym really put him in a sad mood.
A: From everything, you described there is no mention of discrimination. Jus that he was banned for training someone on his off day at the gym. Being passed over for promotion or even having a horrible boss are generally not enough to win a law suit. If your friend has specific examples of being discriminated against, have your friend contact an attorney. If your friend doesn't want to contact an attorney, you really cannot do it for him.
A:
Did he violate any gym policies or rules by training people at the gym on his own time? Using their facilities for personal gain, even if both the trainee and trainor are members, could violate policy. Why? Because the gym is not profiting from the people he is training. Of course they want him as their trainer but he certainly needs permission from the gym to train people even if he is a member. I would be surprised if the rules did not prohibit that.
Second, what is the discrimination? What's the theory of discrimination? He needs to prove that it was because of some protected category to which he belongs and not because of a legitimate reason such as he violated policies and procedures which he would have known about or he was not the most qualified candidate.
Today, so many people want to be trainers and many of them have super advanced degrees and credentials or they know someone. Those are not illegal reasons. And why is he not the one asking this question. He should call some employment lawyers and discuss this.
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