emodel.com, Options Talent Group
To Whom It May Concern:
I have been working for Options Talent (eModel.com),
but I was let go with no explanation.
Even though I did not approve of their "scams," it
was still a job.
We used to work extra long days, and not get paid extra
for it. You are not allowed to break for lunch, etc.
Please let me know if I have a case here and an opportunity
for a lawsuit.
Thank you,
M.R.
M.,
Others have already said the same thing. They worked
long hours, did not get paid over time, and they were
not allowed to break for lunch.
What you said sounds as if you worked in a sweat shop.
Were your 'wages' also very low?
There is a possible case for a lawsuit if emodel/Options
Talent violated labor laws.
If you a signed a contract as a "independent contractor" when
you signed up to be a "model scout," Options
Talent Group may not get in legal trouble for wrongful
dismissal, etc.
If scouts are independent contractors, there is limited
liability for OTG. Companies have different legal obligations
for independent contractors than employees.
However, the IRS knows the law and they know businesses
can and will try to abuse the system. Basically the point
is if the IRS were to audit or investigate emodel/Options
Talent, and determine they were abusive, it may not be
enough for OTG to claim, "Well, they were independent
contractors, not employees."
- Using independent contractors can save you a bundle
in payroll taxes, health insurance costs, workers'
compensation premiums and overtime pay. But the rules
about who qualifies are complicated, and the IRS and
state revenue agencies keep a close eye on businesses
that hire independent contractors. Misclassifying a
worker can result in serious financial penalties in
a state or federal audit. (Hiring Independent Contractors,
The Employer's Legal Guide)
The basis of an IRS investigation could start with the
testimony of ex-scouts who say they were led to believe
they were responding to an ad for a job with a salary
(as per advertising on Monster.com, where Options Talent
Group listed a "Dream Job" and gave specific
numbers for what most people would consider a "salary").
In other words, making it look as if they were seeking
employees, not independent contractors. Indeed, the job
advertising said absolutely nothing about "commissions" and "independent
contractors." It ONLY talked about a Job. Independent
contractors do not get a job and salary.
Other scouts who worked for emodel said they were not
paid. That is a clear and basic labor law violation.
The other main criticism of emodel with respect to labor
is that there was a high turnover rate, and emodel was
well aware of it. The related allegation was emodel.com
got free labor, because scouts worked, but did not meet
a high enrollment quota, so they were effectively "terminated."
None of the allegations by themselves could be enough
to lead the IRS or even the FTC to investigate Options
Talent Group, but together they could certainly stir
the IRS to audit OTG, because if they think there could
be labor fraud, they could suspect tax evasion, or other
types of fraud.
Indeed, if a preliminary IRS investigation determined
there was fraud in many or most parts of emodel
or Options Talent Group, not just with the labor, but
false advertising, misleading information, etc., etc.,
and the founder of emodel was already convicted of fraud
TWICE, they could audit OTG.
Under the motivation of forcing retribution and being
proactive, the IRS could get involved to prevent hundreds
or thousands of model scouts from being scammed in the
future.
You could contact a labor lawyer who will be familiar
with the important details about wrong dismissal lawsuits
and independent contractor labor violations.
Another option is to buy a legal guide.
You can also continue research online to look for legal
precedent. You probably won't find one in the modeling/talent
industry, but you could in other industries where the
basic labor laws are relevant to Options Talent, Inc.
Thank you very much for the info.
I was not a "scout" —but a "Talent
Executive" —the people that are supposed to
evaluate models.
Yet the majority of TE's (talent executives) do not
know the first thing about the industry. That's what
made me uncomfortable.
Thanks again,
M.R.
M.,
How do people qualify as talent executives at Options?
Which industry leaders conduct the training? How long
does it take?
Bill Ford of Ford Models in New York said the following
about emodel: "They walk up and down the streets
with [scouts] who've never been in the business before.
Why would they know what to look for?"
Do you think most Options Talent scouts and talent executives
are equally unfit to say who has real potential to be
models? So far I have not heard much about the "talent
executives," just the "model scouts."
As a talent executive did Options Talent pay you by
commission, or did you receive a regular paycheck as
an employee?
If you were an employee, not an independent contractor,
there may be a legal option due to labor law violations,
not being paid for working overtime, not being allowed
to break for lunch, and finally, a wrongful dismissal
lawsuit.
You may want to check the regulations in your state
to find out more information about what labor laws if
any were broken by Options Talent, Inc.
Was it an isolated situation —were you the only
one who had the experience you described? Or does that
happen all the time at Options Talent?
P.S. What is the going rate for a talent executive at
Options Talent?
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