NORTH HOLLYWOOD, CA – A former gym executive suing USA Fitness after saying he was fired for complaining about unsafe conditions and fraud against members dropped his lawsuit Tuesday by a judge, after failing to appear in court.
After Los Angeles Superior Court Judge Stephanie Bowick said on May 17 that she would end Carlos Martin’s lawsuit if he did not appear in court, she was forced to do so, as neither Martin nor any attorney representing him are in court today published. The attorney who originally filed the lawsuit withdrew from the case in November, saying there had been an “irreparable breakdown in the lawyer-client relationship.”
The case was dismissed unscathed, meaning that Martin can resubmit the case if he provides reasonable explanation for his no-show.
According to the lawsuit, Martin was hired to manage the North Hollywood and Sylmar locations of USA Fitness. He said he had received positive feedback from supervisors and colleagues until he spoke out against the company’s “program of knowingly defrauding existing and potential gym members” and the “unsafe working conditions for themselves and other employees.”
Martin said he and other members of the sales team had been directed not to discuss cancellation policies or automatic renewals with new members. Employees were also told to provide false information in order to encourage new customers to join, the lawsuit said.
The lawsuit also instructed suspected team members not to give existing members a resignation address, that USA Fitness would continue to charge members after their term in office, and that members would be billed additional penalties if they did not have a checking account on file.
USA Fitness in the pre-pandemic era also required gym salespeople, including Martin, to work outside in the extreme summer heat to sell memberships, violating Cal / OSHA rules that require employers to “pre-approved” workers to protect against serious hazards in the workplace. including heat-related hazards, “the suit reads.
Martin claimed he had to walk through North Hollywood to sign up new members despite having a bad back, and he claims management knew his condition.
When Martin complained about the alleged practices and working conditions of USA Fitness, the company owner replied, “You are only here to sell membership specified to suit.
Martin said he was fired on September 25, 2018 and suffered a damaged reputation, missed career opportunities and significant financial losses.
The City Intelligence Service contributed to this report.
