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Any lawyers around? ? regarding privacy laws....

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Spirit13 posted 7/14/2013 14:38 PM

I have a good friend who was the #1 revenue producer at Gym A. Gym B asked him to come to their place in the fall. He was considering it, but they were renovating and so he had not committed. Gym A found out and fired him. He was not in violation of his contract. (This is not the ?)

Since he is unemployed, I offer to keep training with him during the period of construction and he is able to find a place in Gym B to keep training during construction. We work out once last week. During my workout, his old boss who was his friend stops by and says "Hi, how's it going? Just wanted to see how you are doing, blah blah..." I vaguely remembered him and we say Hi, but I keep training. He is there no more than 10 min. We comment it was nice of him to wish him well.

Well apparently this guy secretly videotaped me training and then turned it into the fire department for some kind of code violation related to their building permits. They didn't know it was a violation and they stopped immediately, but it has put them in an expensive situation to have to stop work, reapply, reinspect, etc. What a jerk.

I am actually really mad that I was videotaped without my consent and knowledge. I know it is illegal to do this in things like bathrooms where there is nudity or an expectation of "privacy" but I was wondering if this was legal? I mean, I don't love the idea of me in workout clothes on video being sent around either. I am just so annoyed! It was private property after all.

Thoughts? My state is MO if that matters.

Mousse242 posted 7/14/2013 17:20 PM

Not sure if it's legal or not but I'm a little confused.

What gym were you at? A or B?

If he was a contract employee, he needs to go back and look at the contract to see if he has grounds for an illegal dismissal.

aesir posted 7/14/2013 19:54 PM

Looks like MO is an at will employment state, so apparently being offered a job is sufficient grounds for termination. Why they would get rid of their #1 revenue producer is beyond me.

If this was at Gym B, which is closed, perhaps he could be nailed for trespass, depending on how he got in. Where I am from, if it was a construction site and he just wandered in without proper safety wear...

Spirit13 posted 7/15/2013 07:13 AM

It happened at Gym B. The whole gym was closed for construction but the whole gym isn't under construction if that makes any sense. It's going to go under new ownership and open in a few months. So, he was able to meet me in a non-renovation area. Nevertheless, he stopped doing this when the fire dept told him they didn't want him to do it. He really wasn't trying to do something wrong - he thought he could have people in the non-construction area.

It was a legal termination because we are an at will state. They would like to get him on his non compete but he hasn't done anything to violate it yet. He is the required distance away and didn't solicit their employees or me. I sought him out and honestly I still have membership and sessions there too (for now!)

At any rate, it just bugs me that the guy can walk in off the street (door was unlocked) with a hidden camera and do this. I mean, we didn't chase him off but also didn't know he was filming. I found out he took this video to the city council and the fire department and it just irritates me! I'm sorry, but maybe I don't WANT a video of me working out viewed by these people. I wasn't in a public setting and .... I just think it was a rotten thing to do. Honestly, it isn't like I think they spent 1 minute looking at my video but if guy is going to do something so sneaky he should make sure what HE is doing is legal.

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