Final Judgment

Leora Finestein started functional in Fitness Universe Limited (?FUL?) a privately owned health and fitness facility in 1985. Leora was initially hired as an independent contractor. The contract sign-language(a) by Leora and FUL was that Leora would be paid a set hourly rate by FUL, who would match Leora with their clients to work as a trainer. Leora paid her own remittances. Leora was to supply her own hand tools. The lycee/fitness facilities were of course provided by FUL and Leora was restricted from working with the clients provided to her by FUL at either other fitness facility (i.e. competition to FUL). The contract could be terminated upon 30 days keep provided by either party to the other.

Leora became quite popular with FUL?s clients and by 1988 she was working exclusively for FUL, Monday to Friday from 8:30 am to 5:00 pm. FUL advertised Leora as their practiced time, available trainer, who could be reached during these hours at their downtown facilities. FUL treats Leora as employee. Leora was consulted on any military position and staff changes and even on the layout of equipment at the FUL facilities.

On kinsfolk 30th, 2005, Max Schiller, the owner of FUL sold FUL to Men?s view: A Fitness Facility (?MP?).



FUL received $2,000,000 for the ship of all of its assets, including equipment, trade names, patents, client lists, receivables and goodwill. MP did not bargain for shares from FUL nor did MP acquire any debts or liabilities except for any liability owing on the premises or furnishings of the FUL facilities. Leora was the just now trainer hired by MP at the homogeneous rates and on the same terms as she was working for FUL after takeover.

Mr. Smith runs the day to day operations of MP. MP specifically targets younger, single males for its...

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