• Ever wanted an RSS feed of all your favorite gaming news sites? Go check out our new Gaming Headlines feed! Read more about it here.

Skel1ingt0n

Member
Oct 28, 2017
8,718
OP summarized that line wrong.

Those employees were contractors. In other words, they were temporary employees rather than full-time. So they aren't able to file for unemployment as former Telltale employees because they technically weren't.

Telltale mishandled a lot of things in this fiasco, but contractors being unable to claim unemployment is not something that they can be held accountable for.

Don't hire a contractor when your company literally doesn't have the money to pay them for more than a week.

Piss poor.
 

Falcon511

Member
Oct 27, 2017
3,148
I read that last night. Such a shitty situation. Telltale was a great developer. I thought they were working on fixing their game engine.
 

Deleted member 40133

User requested account closure
Banned
Feb 19, 2018
6,095
Contractors typically don't get benefits. The contractors at my company sometimes get paid more, and have a set contract duration which gives them a bit more security I guess, but have to get their own health insurance, have no 401K/pension, ect...

In Canada, Ontario specifically, I've worked on contract and have qualified for ei. Hell, in the multiple choice section for reasons for applying it straight up has "end of contract employment". As long as your honest and get the number of hours, you're good
 

Antrax

Member
Oct 25, 2017
13,270
I'd reccomend every single freelancer at Telltale still file for unemployment if you were working full-time hours, working hours when the company told you and working on company premises or using their equipment/software. The US laws for contractors and freelancers are very specific and companies break them all the time to save money and not have to hire employees. It'll trigger an IRS investigation and (if Telltale didn't follow the law exactly) they'll be liable not only for unemployment but also healthcare, retroactive benefits and lots of taxes.

Yep, this
 

tenchir

Member
Oct 25, 2017
43
Contractors who worked for TT through an employment agency should still be able to get unemployment since their employer is technically the employment agency. If your paycheck is coming from the agency and not TT, then you can file for unemployment.

I have done this through California's "Employment Development Department" when I was let go from a contracting position. I am not sure how it will work for people who didn't work for long in California though. It won't work for a person who is an independent contractor though.
 
Last edited:

fiendcode

Member
Oct 26, 2017
24,910
most developed nations have better unemployment benefits and stronger employee protections than the US, yes

comically evil abuse of workers is pretty common here
Less protections don't mean no protections. The reality is most people don't know their rights or what the federal and state laws actually are. And the reality is many, many US freelancers and contractors are misclassified employees in the eyes of the law.

The DOL and IRS are investigating and prosecuting these cases all the time. If you think you were doing work that essentially an employee would/should be doing under the same circumtances they are/were it's probably worth looking into and contacting these agencies. People think the US is the wild west but it really isn't and companies only get away with this because we let them.
 

Deleted member 15440

User requested account closure
Banned
Oct 27, 2017
4,191
This stuff can't happen in france either.
both of those are countries with a strong labor movement. capital in america has been hell bent on destroying any sense of class consciousness for the last century, and the country being founded on the idea of property rights above all gives them a great deal of power to do so.
 

tenchir

Member
Oct 25, 2017
43
Nirolak any theory on why a company would be hiring full time workers a week before going under?

Assuming that upper management weren't keeping everything secret from the rest of the company about the financial health of the company, then it's very likely a deal(loan repayment for example) that would likely kept the company afloat fell through.
 

ASaiyan

Member
Oct 25, 2017
7,228
OP summarized that line wrong.

Those employees were contractors. In other words, they were temporary employees rather than full-time. So they aren't able to file for unemployment as former Telltale employees because they technically weren't.

Telltale mishandled a lot of things in this fiasco, but contractors being unable to claim unemployment is not something that they can be held accountable for.
Ah, okay. ICs are a different story. Doesn't change what TT did to their actual employees though.
 

Megatron

Member
Oct 27, 2017
5,445
When did the Netflix deal fall through? From what I read they we're counting on that to save them.
 

Dragon1893

Member
Oct 25, 2017
5,446
Wait, what? Telltale went under? When did that happen?
And WTF at the stuff in the op, who does that shit?
 

NinjaScooter

Member
Oct 25, 2017
54,117
In Canada, Ontario specifically, I've worked on contract and have qualified for ei. Hell, in the multiple choice section for reasons for applying it straight up has "end of contract employment". As long as your honest and get the number of hours, you're good

If they are Independent Contractors, and file taxes as such, I don't believe EI applies to them in America as they aren't paying into it.
 

Ukraine

Banned
Jun 1, 2018
2,182
https://twitter.com/emilybuckshot/status/1043324118915899392?s=19

All former employees are being horribly mistreated in a variety of ways. You can check this Twitter thread, but highlights include;
  • No Severance Pay
  • Healthcare only lasts one week
  • Employees cannot file for unemployment because of contracts
The last line isn't really true. That means they are contractors. As long as huge past of the company isn't contractors this seems justified.
 

Nirolak

Member
Oct 25, 2017
5,660
Nirolak any theory on why a company would be hiring full time workers a week before going under?
Presumably the loss of their Netflix funding was very sudden, and they imploded immediately upon losing it.

I'm guessing they had no meaningful cash reserves or other funding avenues, and were effectively 100% dependent on Netflix to make payroll.
 

Ukraine

Banned
Jun 1, 2018
2,182
In Canada, Ontario specifically, I've worked on contract and have qualified for ei. Hell, in the multiple choice section for reasons for applying it straight up has "end of contract employment". As long as your honest and get the number of hours, you're good
Not the same. They are basically independent "businesses" and they get paid more than typically employees to compensate for lack of healthcare etc.
 

defaltoption

The Fallen
Oct 27, 2017
11,483
Austin
That's ridiculous, I don't know what they signed or exactly what the laws are around this stuff but I would start calling my lawyer, especially if they had me relocate and acted like things were fine. Sorry to everyone affected.
 

Deleted member 40133

User requested account closure
Banned
Feb 19, 2018
6,095
If they are Independent Contractors, and file taxes as such, I don't believe EI applies to them in America as they aren't paying into it.

I'm like 90% sure that it's law in Canada that you need to pay into ei. I know someone that has a small contractor business with just two other employees, since he pays them on the up and up he pays into ei
 

sschol

Member
Oct 27, 2017
455
Jesus, games unionization can't come quick enough. Until it's the standard though, the specific individuals responsible for this should be made unable to get a job in games without people knowing what they did to their employees. Live with that shame, you know, and let it hinder them.
 
Oct 25, 2017
15,171
Personally, this is just me, I would have avoided hiring people who would have to relocate if you can't be sure your company will stay above water over the next few months.

Dickbags.
 

Kida

Member
Oct 27, 2017
1,899
Management should have to pay dearly for this. Of course they'll all find new high-paying jobs quickly while leaving everyone else in the shit.
 

Gunny T Highway

Unshakable Resolve - One Winged Slayer
Member
Oct 27, 2017
16,997
Canada
Even if they were contractors instead of employees it is pretty scummy to hire them about a week before they knew they were going under.
 

fiendcode

Member
Oct 26, 2017
24,910
I'm like 90% sure that it's law in Canada that you need to pay into ei. I know someone that has a small contractor business with just two other employees, since he pays them on the up and up he pays into ei
As a US freelancer you still pay taxes and if you're actually a misclassified employee you're still entitled to unemployment even if your "client" wasn't paying into it.

People learn your rights.

https://www.google.com/amp/s/blog.f.../freelance-independent-contractor-rights/amp/
 

matimeo

UI/UX Game Industry Veteran
Verified
Oct 26, 2017
979
This is not super rare. Seen this happen before even at bigger more established companies. Studio may not shut down but projects are cancelled and people who just arrived let go. Usually hiring freezes don't go into effect until post layoffs. Hiring is on a different rhythm of business is my only explanation, meaning business decisions falling thru around funding which seems to have happened here will be kept to only a few people knowing while they scramble. Recruiting and hiring and most others at the company will have no idea.

Seen this happen a few times even at bigger companies. People move only to have their role eliminated in less than a month or two.
 
Aug 29, 2018
1,089
They should sue them even though I doubt they can.

I had a cousin (2nd luckily) who had 100s of millions and is now sitting in prison; he would do stuff like this all the time for construction projects, although he'd always get them from out of country I assumed to avoid liability and for cheap labor. It was pretty messed up though, entire families changed countries after he'd promise them long term work only to cut them off after 2 months, and they'd never have a legal ground to stand on. Dude was evil, he enjoyed it. Idk how it all worked out but 30 years later and he is in prison for avoiding taxes not that, so yeah -_-

Maybe the laws would treat American citizens a little differently, I'm sure they can at least give them a huge headache, but idk. Clearly highly unethical, dunno if it is highly illegal but they should report
 

Daitokuji

Member
Oct 27, 2017
2,602
I wonder if HR had no idea what was going on with the company. They planned to hire a bunch of people and the upper management didn't tell anyone that the company was going under.
 

Deleted member 5167

User requested account closure
Banned
Oct 25, 2017
3,114
A month notice is the norm in the Netherlands, as someone with first hand experience a month is still too short to find work.

In germany you get at least a 30 day notice and u wont lose health insurance and even as a contractor u can file for unemployment.

In most of the EU you can be fired (or quit) at will during your probationary period with no notice, which an employee of less than a week almost certainly is
 

Deleted member 5535

User requested account closure
Banned
Oct 25, 2017
13,656
And that's why I always say that development studios are no different than publishers. All of them are companies but people act like developers aren't made in the same way and structure of any other company.

On topic, this just shows how Telltale was mismanaged if they hired contractors knowing that the company wasn't going to survive.