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legal issues need help!

danzd

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Aug 7, 2011
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Hey guys, im fairly new the the board and new to "supplements" as well, i have only been using since october of last year. im a trainer at a gym where "meat heads" arn't exactly the clientele, members continue looking the same year after year so i stick out because im contantly looking better. my boss can detect the supplements i take and asked me to stop using or else i will be fired. im training to compete in the next year or 2 so obviously the useage is a must. my question is can she actually fire me for using? i have never brought any items into the gym i work at everything is done on my own time. i feel like it would be deformation of character if she fired me for using, especially since she has no hard evidence and i have a clean police record.
 
Hey guys, im fairly new the the board and new to "supplements" as well, i have only been using since october of last year. im a trainer at a gym where "meat heads" arn't exactly the clientele, members continue looking the same year after year so i stick out because im contantly looking better. my boss can detect the supplements i take and asked me to stop using or else i will be fired. im training to compete in the next year or 2 so obviously the useage is a must. my question is can she actually fire me for using? i have never brought any items into the gym i work at everything is done on my own time. i feel like it would be deformation of character if she fired me for using, especially since she has no hard evidence and i have a clean police record.

She has evidence now...no?
 
depends, need a bit more info.... did you sign a contract, pre-employment agreement, anything of the such where it says you are an 'at will employee'...where you can terminate your employment for any reason as can the employer....? IMO they would need proof you are using which could come in the form of a random drug test... Main thing, if they want you gone, they will find a reason within legal limits....wish I had better news, but doesnt sound good for you....sorry...
 
Doesn't sound good for you, but then again it doesn't sound like a place that fits you very well anyway. I'm the busiest trainer at my gym and members as well as other employees look at me in a very positive light due to my physique. Sounds like you need to find a real gym that actually appreciates trainers who look the part. I wouldn't feel so bad about it if I were you.
 
She has evidence now...no?

no. there is no mention of aas by the op. supplements could be referring to over the counter legal(for the moment) prohormones. unless the manager has something concrete like bloodwork she can't assume by looking that he is using illegal substances. if you are let go for looking like you are using something she could be in deep shit.
 
Depends on the state, Are you in a right to hire/fire state.

Ak
 
I say if you're going to get fired, for sure, to discontinue use of supplements long enough to file a big ass lawsuit, never work again, profit ;) buut im sure she will find something to put on paper other than "employee looks as if hes been using supplements"
 
Just tell her " no I'm not using any supplements" . And thank her for the compliment . I mean seriously ? What a douche .She's gonna fire you for being too ripped ? or too big ? Give me a break . People will want to have you as their trainer rather than some slouch !
 
First question. Do you have an employment contract? If so, the terms of the contract would control Next question? Is your state an "employment at will state"? If yes, you can be fired for any reason so long as it does not violate any law protecting certain classes such as race, sex etc. Generally speaking, you can be fired. The issue would be if you are entitled to Unemployment. You wouod be unless she challenges by attempting to assert that you were fired for "cause". The burden would be on her to establish that. Good luck my friend.
 
If you're not working under a written contract, you are likely considered an "at-will" employee. That generally means either you or the employer may terminate the work relationship for "any reason or no reason at all."

The employer is basically saying you will/might be terminated due to a suspicion you are using "supplements" she disapproves of or that might be illegal. That generally wouldn't cross the line into a "wrongful termination."

However, these cases are very fact specific. For example, if you are taking LEGAL supplements and she terminates based on her suspicion AND the State in which you live has an "Off-Duty" conduct law (which prohibits punishing employees for off-duty conduct that is not illegal, e.g., seeing picture of employee drinking at bar), you MIGHT have a claim.
 
unfortunately im not under contract, and im from mass. so i can assume i am an at will employee. like someone said here, i can definitely see the light if i get canned because the gym i work for sucks. i just dont want to risk not being able to get unemployment as i seek another job.
 
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Sounds like a terrible environment to work in. I would start applying for other jobs ASAP in the meantime and ride the wave. Don't admit to anything but don't let her talk to you like that, I wouldn't.




Or better yet, just lay out the words "I FUCKING QUIT" spelled out in syringes on her desk, and when she sees them pop out from behind the door covered in protan and oil, clad in thong and just scream "THE JUICE IS LOOSE BITCH" and run out the door while holding a lat spread
 
First question. Do you have an employment contract? If so, the terms of the contract would control Next question? Is your state an "employment at will state"? If yes, you can be fired for any reason so long as it does not violate any law protecting certain classes such as race, sex etc. Generally speaking, you can be fired. The issue would be if you are entitled to Unemployment. You wouod be unless she challenges by attempting to assert that you were fired for "cause". The burden would be on her to establish that. Good luck my friend.

If you're not working under a written contract, you are likely considered an "at-will" employee. That generally means either you or the employer may terminate the work relationship for "any reason or no reason at all."

The employer is basically saying you will/might be terminated due to a suspicion you are using "supplements" she disapproves of or that might be illegal. That generally wouldn't cross the line into a "wrongful termination."

However, these cases are very fact specific. For example, if you are taking LEGAL supplements and she terminates based on her suspicion AND the State in which you live has an "Off-Duty" conduct law (which prohibits punishing employees for off-duty conduct that is not illegal, e.g., seeing picture of employee drinking at bar), you MIGHT have a claim.

I am from Vermont and the first post is how it works here. The second post seems to be right on the money for states with the off duty law.

Maybe ask an employment attorney whether she can fire you for "illegal" activity without any proof.
 
How old are you? Just curious? And yes you can be fired, or forced to take a drug test if your employer suspects you of drug use. The only way they wouldn't be able to is if you had a union or contract stating that you don't have to submit to testing unless just cause.

I'm willing to bet it's either you mentioning use to people, or the way you act. I can spot a guy new to gear a mile away, or just those guys who feel cool because they are using. Not to mention any gym owner with half a brain should be able to spot someone who uses, especially someone new to it.

How many times in you life do you all the sudden add 10-20lbs? There are thousands of guys here who have been doing this for years and there will always be those who think if you have any decent size that you are on something, but most have no issues because they keep it to themselves.

Maybe her concern is you strike her as the type to suggest or offer gear to clients in her gym. Unfortunately it's still illegal, yet you can stop at any corner store and buy bath salts then eat someones face, but that's a different story, point is she may not want her employees associated with anything illegal and apparently doesn't seem to trust your judgmental skills because it's also good for a gym to have trainers who look like they lift, but it seems that shes more concerned over how you will impact the business.

Sorry to sound negative man, and I'm not bashing you, but it sounds to me like you are giving off the "look at me I'm on gear vibe" or have been talking to people, or she has a brain and can see it, but doesn't trust you to keep it quiet. It's pretty common for employers to test if the have valid concern that an employee is using illegal substances.
 
Here is the reality

You get fired and either collect unemployment and/or hire a labor lawyer.
Depending on the "reason" for which you were fired the employer may object to your collection of any unemployment benefits which may preclude you from collecting. On a good note most states are pro employee and due to the economic status of our country you can collect for much longer than before.
Then there is the lawsuit or potential lawsuit against the employer
A labor lawyer practices a specialized area of law and the guy that handled your will or helped you buy a house is not qualified.
You want a guy who does nothing but labor law and he or she will be expensive. A retainer of between $5,000 and $10,000 will be required depending on how long they have been practicing law.
So if you don't have that kind of money and get fired apply for unemployment or look for another job
 
Bend over the desk and give it to her good and hard she probably just wants you. Pound her once a week take her out to dinner getter drunk and rock her world she can't fire you then. Cuz then its an hr nightmare food for thought. Me personally would look for a new gym to work at cuz it sounds like that place sucks
 
I would start applying for jobs now.. I have always found that it is easier to find a different job WHILE you are employed. It really shows the other company you don't need the job but you would like to work for their company. Being in college, I would get a job I knew I could get. Suck it up for a bit and then apply to where I really wanted to work.. did it to 4 different places... got all 4 interviews and 3 of them offered me the job. If you are employed while looking for a job it really does help in my experience.. my .02
 
Unless you are under contractual agreement either documented or verbal you may fall under what is called "at will employment" meaning: has the right to terminate an employee for any reason without proving just cause. Doesn't mean the employer can not be held accountable in a civil court though. This doctrine or law is interpretable.
 

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