emodel.com, Options Talent Group

Dear Modeling Scams,

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.

Editor, Modeling Scams.com

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?

Editor, Modeling Scams.com

P.S. What is the going rate for a talent executive at Options Talent?