My Numbered Company was contracted by Xcel Fitness (III) approximately 4 years ago. I worked as a personal trainer for Xcel Fitness (III) located in Mississauga, Ontario. It was a contractual relationship, despite the fact there was no written contract to speak of. In that time, Xcel had bounced a number of cheques and failed to pay wages in full or on time.
Personally, they bounced payments twice in the 1st year, NSF my attempt to certify a few other cheques, and finally refused to pay my last invoice.
My reason for leaving Xcel was because my May invoice payment was late by a week. I was advised by the active-owner, Lincoln Menton, that their bank account was frozen by Revenue Canada and that they had to pay them first instead of the trainers. On top of that, what he presented as a consolation, he advised me that a new manager was going to begin working at the facility and would begin to make changes. The changes were as follows:
1. More work, so we would be busier;
2. Less pay though, because the facility couldn't make any money; and
3. Increase the cost of personal training.
It doesn't take a genius to see that this was not at all in my favour, no matter which way it is explained. The cut in pay, translated in a 5 dollar an hour pay-cut for me. So I waited for my next payment and I quit without notice. Upon giving my notice, I also included my last invoice. This was to be paid by mid June/08. I have not received payment.
Lincoln Menton, contacted me after numerous attempts at getting paid. He accused me of soliciting/stealing his members. I explained that I merely advised my clients where I was going and what I was doing, providing them with options. None of my Xcel clients followed me anywhere. Lincoln made it clear that I would not get paid, if he were to continue investigating and find out that I did solicit clients. (Apples and oranges, the fact remains, he owes me for services rendered)
I then advised them of my intent to proceed with legal action through small claims. They did not respond. I continued with small claims, and served Xcel. Almost 20 days later, I received a call from the General Manager, offering to settle. Xcel owed me 2100 in services rendered, I was being offered 600.00 now and then another 600.00 in a certified cheque at a later date. The arguement was that approximately 800.00 worth of payments were never received from the members (certainly not my problem). In addition to his offer to settle, the GM advised me that Lincoln had hired a private investigator to follow me, and sit outside of my house. I declined his offer to settle and proceeded with small claims.
On November 27th, 2008, I got default-judgment. Xcel didn't bother to file a defense. I filed a notice of garnishment along with the other documents in support of said notice. Today, December 6th 2008, I recieved notice from Xcel's bank that they had no money in the account.
One of the following things is taking place:
1. Xcel has no money;
2. Xcel has decided to avoid the judgment by paying it's staff via another bank or pay cash.
Either way, Xcel Fitness (III) has proven to have horrible business practices.
1515039
Mississauga, Ontario
Canada
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