CrossFit Discussion Board  

Go Back   CrossFit Discussion Board > Community > Running a CrossFit Facility
CrossFit Home Forum Site Rules CrossFit FAQ Search Today's Posts Mark Forums Read

Running a CrossFit Facility Tips and guidance on how to open and operate a CrossFit gym.

Reply
 
Thread Tools
Old 10-22-2015, 01:30 PM   #1
Kyle Hougendobler
Member Kyle Hougendobler is offline
 
Profile:
Join Date: Jun 2010
Location: Coppell  TX
Posts: 69
Does my employer have the right to...

Tell me I'm not allowed to tell the members I'm leaving the gym? He said I'm not allowed to tell the members until my final week.

I don't think this is fair and I have been working there for 5 years and most people stay because I'm the coach and every negative review our gym has is because of our owner.

Anyways, I've told quit a few people and a few have already turned their cancellations in. That's not my fault or my problem.

Any guidance would be awesome. Thank you
  Reply With Quote
Old 10-22-2015, 03:31 PM   #2
Sean J Hunter
Member Sean J Hunter is offline
 
Profile:
Join Date: Apr 2009
Location: North Shore  New Zealand
Posts: 805
Re: Does my employer have the right to...

There are all kinds of variables here, contract, state law, etc.

However, my first take is, this is this guys business, if he asks you to shut your mouth until your last week, you shut your mouth. However, I'm a business owner so I'm biased.

Secondly, what's your contract and state law say? Doing something you where asked not to do, that causes damages could make you liable. In most common law jurisdictions its not particularly prosecutable, but in some you can be held accountable.

Lastly, what do you benefit from telling the members.

More details.
  Reply With Quote
Old 10-22-2015, 04:11 PM   #3
Kyle Hougendobler
Member Kyle Hougendobler is offline
 
Profile:
Join Date: Jun 2010
Location: Coppell  TX
Posts: 69
Re: Does my employer have the right to...

Sean,

Thank you for the feedback. I am leaving the gym to take on a corporate job. I'm not even opening a gym or coaching anywhere else. I'm also leaving because this guy has caused so much hell in my life, my health is severely at risk.

I have had members tell me for years if you ever leave I'm leaving the gym, please let me know if you ever leave. Everyone calls me the heart of the gym and the owner looks at everyone as dollar signs not people.

I have told a few people and 3 people have already put in their cancellation notices. This would have happened now or when I'm officially gone. That's not my fault or my problem. I have no contract and their is no way he can come at me for leaving to take on a job that is not CrossFit. I'm not stealing anyone. I'm simply leaving and if people leave because I'm not there anymore then that's there reason and once again not my fault.
  Reply With Quote
Old 10-23-2015, 02:07 AM   #4
Alex Burden
Member Alex Burden is offline
 
Profile:
Join Date: Jan 2014
Location: Stockholm  Sweden
Posts: 1,788
Re: Does my employer have the right to...

Sorry to say this but the owner seems to be a dick head.

Now I am not from the US but I have loads of friends that work for major corporations in the US, you have an employment agreement and unless it specifies and restricts you from say anything once you have handed in your resignation then you can give him the finger.

But you could have a plan, if you are helping individuals then you should tell them but also recommend someone else who can continue their journey at the same gym. Be clear that it is up to them what they do.

I suppose you would like a reference from him, get this from him before you leave, if you don't need the reference then keep on telling those you help.

It would impossible for anyone to measure damages or hold you accountable for anything as it would be very hard for him to prove anything.

You say you have no contract, if you have not signed anything then you have nothing to worry about what so ever
__________________
Better than today, stronger than tomorrow.
  Reply With Quote
Old 10-23-2015, 02:19 AM   #5
Sean J Hunter
Member Sean J Hunter is offline
 
Profile:
Join Date: Apr 2009
Location: North Shore  New Zealand
Posts: 805
Re: Does my employer have the right to...

Bad bosses are bad, but character is not circumstantial.

Your question was, can he ask me not to say something until a certin point

1) Yes
2) If you disagree you approach him to discuss
3) If he still requires it, you really should have a pretty damn good reason not to

Contract or no contract, common law is its his baby not yours, and unless his request is illegal you should follow it out of respect for that fact, not respect for the man. If his request is unethical, 80% of conflict is misunderstanding and warrants an attempt or two at a conversation.

I'll ask the question again, was there a reason you couldn't wait until the last week to tell people, as the owner of the gym requested?

Yeah, I'm being a hard ***, but his request does seem reasonable, even though at times he may not have been.

Two wrongs don't make a right, and more often than not you don't know the whole story, and 80% of conflict is misunderstanding. Three good sayings when it comes to managing relationships.

Sean
  Reply With Quote
Old 10-23-2015, 04:55 AM   #6
Kyle Hougendobler
Member Kyle Hougendobler is offline
 
Profile:
Join Date: Jun 2010
Location: Coppell  TX
Posts: 69
Re: Does my employer have the right to...

I have been here for 5 years. My first 3-4 months he didn't even pay me. I have endured more and stayed way longer than I should have. I'm a 1099 and he treats me and all of his employees as we are W2's and takes advantage of us. I do so much for the gym in and out but only get paid to coach.

I don't feel he has the right to tell me I can't tell people. That's their decision, I'm not influencing them to quit. All I have said is I'm leaving and my last day is this date.

He knows most of the members stay or join because of me. I'm the face and heart of the gym. There is nothing he can come at me legally for. I'm leaving to better my future. I don't need a reference from him. My part time job I had to pick up because I'm not making enough to get by or support my family gave me a full time position. I'm treated like a person there and valued. Hmm treat someone like they deserved to be treated.
  Reply With Quote
Old 10-23-2015, 06:25 AM   #7
John Drohan
Member John Drohan is offline
 
John Drohan's Avatar
 
Profile:
Join Date: May 2013
Location: Greer  SC
Posts: 130
Re: Does my employer have the right to...

Kyle - I completely understand your view.

With that said, let me just say this. You have an opportunity here to just "be the better man." I know you shouldn't have to keep quiet about you leaving, and from my perspective, I don't believe your employer has a right to tell you otherwise.

But truly, you have nothing to lose by simply not saying anything until the week of your departure. If I can read between the lines, part of you is thinking that this is an opportunity to show your boss how bad his business practices are and that you were an extremely under-valued coach. (If I'm way off base, I apologize.)

Sadly, that won't matter to him, he'll continue to be the person he always was. My recommendation is to just be professional, confidently knowing in your mind that you were the reason most people showed up to do Crossfit at your gym.
  Reply With Quote
Old 10-23-2015, 07:34 AM   #8
Brendan McNamar
Affiliate Brendan McNamar is offline
 
Brendan McNamar's Avatar
 
Profile:
Join Date: Mar 2010
Location: Glendale  AZ
Posts: 2,216
Re: Does my employer have the right to...

I too will recommend "be the better man". CrossFit communities overlap. There is no value in causing a blow out. It is too late now because the rumor mill will kick in and everyone will know.

Fulfill your obligations and everyone will know you did a good job right until the end.

After you are gone if you are really ****ed you can file to have the IRS determine if you where a subcontractor or an employee. If the gym had a regular class schedule, someone other than you wrote the coaching schedule you, you were excepted to show up and coach at a certain time then you are an employee not a subcontractor.

It is the owners job to get this correct. He will owe the employers half of social security (about 7.5%) on all your earnings over the entire time he treated you as a subcontractor. You should get a refund of the self employment tax you paid over the years.

This would apply to all his coaches retroactively. The IRS feels very strongly about employers who try to make employees subcontractors.
__________________
Nomadic CrossFit Coach
  Reply With Quote
Old 10-23-2015, 09:26 AM   #9
Kyle Hougendobler
Member Kyle Hougendobler is offline
 
Profile:
Join Date: Jun 2010
Location: Coppell  TX
Posts: 69
Re: Does my employer have the right to...

Thank you guys for the amazing feedback. I had my conversation with him and took the bigger man route. I have told people already when I told him I wouldn't but I just felt like these people deserve to know. Of course, the word spread like wildfire. Our conversation went well and I will leave on good terms. Thank you so much for the kind words

I was indeed in fact to show up and coach my particular classes and had a set schedule.
  Reply With Quote
Old 10-30-2015, 08:24 AM   #10
Chris Sinagoga
Affiliate Chris Sinagoga is offline
 
Chris Sinagoga's Avatar
 
Profile:
Join Date: Jul 2006
Location: Madison Heights  MI
Posts: 362
Re: Does my employer have the right to...

Great conversation on here guys!

I hope this is not stealing the thread, but can you go into a little more detail about what a subcontractor is vs. employee? Am I correct in saying if you basically organize everything, then you are more than an employee?
__________________
-formerly Chris S on main site. Now posts as Champions Club.
Champions Club/CrossFit Athletic Group (w/fs)
  Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Plug for my new employer Bryan McWilliams Community 0 09-15-2006 01:33 PM


All times are GMT -7. The time now is 08:26 PM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
CrossFit is a registered trademark of CrossFit Inc.