NORTH HOLLYWOOD, CA — A former health club supervisor who sued USA Health after saying he was fired for complaining about unsafe circumstances and the defrauding of members had his lawsuit dropped by a choose Tuesday after he failed to look in courtroom.
After Los Angeles Superior Courtroom Decide Stephanie Bowick stated on Could 17 she would terminate Carlos Martin’s lawsuit if he didn’t seem in courtroom, she was pressured to just do that when neither Martin nor an legal professional representing him appeared in courtroom immediately. The lawyer who initially filed the lawsuit withdrew from the case in November, saying there was an “irreparable breakdown within the attorney-client relationship.”
The case was dismissed with out prejudice, that means Martin can refile the case if he offers a correct rationalization for his failure to look.
Based on the lawsuit, Martin was recruited to handle the USA Health’ North Hollywood and Sylmar areas. He stated he obtained constructive suggestions from supervisors and friends till he spoke up in opposition to the corporate’s “scheme to knowingly defraud current and potential health club members” and the “unsafe working circumstances for himself and different workers.”
Martin stated he and different gross sales staff members have been instructed to not focus on cancellation insurance policies or automated renewals with new members. Workers have been additionally advised to make false representations to induce new prospects into memberships, the go well with stated.
The go well with additional alleged staff members have been advised to not present cancellation tackle to current members, that USA Health stored billing members after their phrases expired and that members have been charged extra penalties if they didn’t have a checking account on file.
USA Health within the pre-pandemic period additionally required the health club gross sales employees, together with Martin, to work open air in excessive summer time warmth to promote memberships in violation of Cal/OSHA guidelines that obligate employers to guard staff “from acknowledged severe hazards within the office, together with heat- associated hazards,” the go well with acknowledged.
Martin alleged he was required to stroll round North Hollywood to enroll new members regardless of having a nasty again, and he claims that administration was conscious of his situation.
When Martin complained about USA Health’ alleged practices and work circumstances, the corporate proprietor replied, “You are solely right here to promote memberships. You will get the hell out in case you do not need to need to do issues my method,” the go well with acknowledged.
Martin stated he was fired on September 25, 2018 and suffered a broken popularity, missed profession alternatives and substantial monetary losses.
Metropolis Information Service contributed to this report.