Complaint Review: Arsene-Lee Advertising Group

In 2004 I was contacted by the infamous, and non-existent, Jane Moore of the Arsene-Lee Advertising Group and offered an interview. Having been unemployed for a time and in need of work I went to the interview. I met with Randy Bernard, the over-enthusiastic "owner" of this company. Even though something didn't sit quite right with me about the interview I agreed to come back for the 2nd interview. It turned out to be spending over 8 hours with a "leader" and his "trainee" in the field doing nothing but observing the pressuring sales tactics employed by this company.

Having worked in sales I knew you can sell more with a soft approach if given the proper tools and agreed to the job. I spent the next 3 weeks working with other employees. In actuality I was just along for the ride and not allowed to claim any of the sales myself if I was out with a senior employee. As I hadn't made the "quoata" I was told I wouldn't be promoted to leadership in the usual manner. However, I was asked to participate in training other employees in meetings and in the field by the 3rd week.

What I discovered was that not one of the employees had been there for more than 6 months. In fact most had been there only a week, or two at most, longer than I had. We were expected to be in the office at 7:30am, yet it was encouraged to meet with other employees for "breakfast meetings" prior to this. At that time we had the morning meeting, no chairs, just 20-30 people standing around in a "pep rally". For about 10-15 minutes we broke into smaller training groups to "learn" sales techniques from other employees, occasionally we were allowed to sit then.

From there we were sent out into the field by 8am. Employees were responsible for their own transportation to their "territory". Territories were divided by map sections. The owner had told me he laid out a map of the Bay Area and cut it into equal pieces. No consideration for where the target businesses were. I ended up with 4 territories, 2 of which were mostly residential and not part of the target market, the other 2 had been worked in month prior to my assignment and as a result most businesses did not qualify for the sales compensation I had been promised.

After 8 hours in the field we were expected to return to the office for the "end of the day wrap up". Another pep rally style meeting, again no chairs. Each employee was expected to have hit at least 100 doors and the goal was to have made $100 in commission each day.

Following my next to last morning meeting I was asked to take out a new employee for training. On the way to my car my ankle collapsed. I suffered through 8 hours of work and reported the incident to the owner at the end of day meeting. Mr. Bernard seemed genuinely concerned at the time. That is until the next day. I had a regularly scheduled doctors appointment and was told to get off my ankle immediately.

I call Mr. Bernard that afternoon and he seemed understanding. He said that's why he has worker's comp insurance and that if I couldn't walk to stay home the next day and call him for the claims information after the morning meeting.

I did call the next day and was told he was unavailable. This happened for 2 days, until I finally got him on the phone. He said he didn't have the info yet and would get back to me, he was waiting on an e-mail. This patterned continued for 6 days. I finally called the state office of worker's compensation to get the information on his insurance and filed the claim myself. Please note he had none of the required employement/OSHA posters any where at the office.

That same week I got my 1st and only compensation check from the company. Approximately 6 weeks of work netted me a whole $350. I spent more in gas and bridge tolls than I had actually made at the job. Considering they paid only commission and no hourly wage I shouldn't have been surprised.

After nearly 4 months of treatment for a severely sprained ankle and resulting back problems I was informed that Mr. Bernard had lied to the insurance company about my employment status. He claimed I had abandoned my job with no notice and that he had never been informed as to my work status. Not only had he insisted that I not come to work those first 6 days after the diagnosis of the injury, but I had been in the office 2 times and e-mailed his assistant the work status immediately following every appointment.

He offered me modified work in a position that does not exist in the office for less than the minimum wage for San Francisco. After consulting an attorney I refused his offer on the ground that the work environment would be hostile as he had lied about my work status.

It is now nearly 4 years later and I am still disabled due to the injury and the delays caused by Mr. Bernard's lies. I have a lawsuit pending against him, yet he had closed the company and moved to Massachusetts and odds are I will see no compensation from him personally. My worker's compensation claim is currently in the process of being settled.

It is now very clear to me that the Arsene-Lee Advertising Group was a fly-by-night rip-off designed to prey on employees. Mr. Bernard has been able to travel all over the country on money earned by the back breaking work of his employess and appears to have no consciencous about his unethical actions.

Tiggera
San Leandro, California
U.S.A.