Final Judgment Essay

3106 words - 12 pages

Leora Finestein started working in Fitness Universe Limited (“FUL”) a privately owned health and fitness facility in 1985. Leora was initially hired as an independent contractor. The contract signed by Leora and FUL was that Leora would be paid a set hourly rate by FUL, who would match Leora with their clients to work as a trainer. Leora paid her own remittances. Leora was to supply her own hand tools. The gym/fitness facilities were of course provided by FUL and Leora was restricted from working with the clients provided to her by FUL at any other fitness facility (i.e. competition to FUL). The contract could be terminated upon 30 days notice provided by either party to the other.Leora became quite popular with FUL’s clients and by 1988 she was working exclusively for FUL, Monday to Friday from 8:30 am to 5:00 pm. FUL advertised Leora as their full time, available trainer, who could be reached during these hours at their downtown facilities. FUL treats Leora as employee. Leora was consulted on any office and staff changes and even on the layout of equipment at the FUL facilities.On September 30th, 2005, Max Schiller, the owner of FUL sold FUL to Men’s Place: A Fitness Facility (“MP”). FUL received $2,000,000 for the transfer of all of its assets, including equipment, trade names, patents, client lists, receivables and goodwill. MP did not purchase shares from FUL nor did MP acquire any debts or liabilities except for any liability owing on the premises or furnishings of the FUL facilities. Leora was the only trainer hired by MP at the same rates and on the same terms as she was working for FUL after takeover.Mr. Smith runs the day to day operations of MP. MP specifically targets younger, single males for its clientele. They hire primarily younger, female staff and trainers that are considered attractive to the clientele. MP has found that its primary business occurs weekday evenings, especially Friday nights, and Saturdays from noon to midnight. There was no longer an employee assistance program, changes employee lounge into a clientèle lounge, and created an employee timekeeping system. Leora became involved employees to form a union. She represented the FWU (Fitness Workers Union). The management was not happy about the union idea, especially more employees seemed to be attracted to the union idea. The employee lounge was converted for use by clients almost immediately after Leora put up union posters. Leora then put up posters in the employee locker room which is shared with clients, but management kept taking them down, saying that they were an eyesore and problematic for the clients.Leora turned 52 years of age on October 14th, 2006. She is a single mother with three children, now aged 20, 17 and 16. Leora is financially strapped, having incurred substantial debt. Leora has been and remains a devout Jew. She observes the Sabbath, meaning that she will not work on Friday from sundown to Saturday...

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