Ex-Take-Two Interactive employee Aaron Martinez believes he was mistreated while employed by the publisher, and he's suing. In a notice sent to other QA employees, the former Visual Concepts (currently known as 2K Sports) quality assurance tester claims "Take-Two Quality Assurance Testers were not paid for all hours worked, were not provided required off duty meal and rest breaks, and were not paid all wages due at the time of termination." Resultantly, he's trying to gather other employees/ex-employees together in a class action suit.
For its part, Take-Two denies all claims, but the presiding court in California has yet to determine much about potential future legal actions. When we spoke with Martinez's lawyer, Michael Righetti, earlier today, he explained that his client has filed a punitive class action suit, and that the letter popping up online (seen in part above) was sent out last week as an act of compromise between Martinez and Take-Two, as well as to notify other employees of the suit. Martinez was employed by Visual Concepts/Take-Two beginning in December of 2006, and it is unclear when his time with the studio ended.
Bizarrely, in order to solicit contact information of other employees at Take-Two during Martinez's time of employment, the letter had to be sent by a third party working as an intermediary. Those receiving the letter have until Sept. 25 to opt out of having their information released, at which time their contact information will otherwise be given to the complainant's legal counsel.
The original complaint was filed by Martinez way back in June of 2010, and given the snail's pace at which the suit has proceeded thus far, we don't expect to hear much more anytime soon. With all that extra time, however, we suggest you pore over the latest version of the filing, in the gallery below.
Reader Comments (24)
Posted: Aug 31st 2011 3:08PM d134 said
is "quality assurance tester" a formal name for game tester? dude ill take your job, that would be great.
Posted: Aug 31st 2011 3:11PM Faceless Troll said
@d134 Until the company makes you test a game that you don't like.
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Posted: Aug 31st 2011 3:30PM DJ Kenneth A said
@d134 Believe me as someone who has done testing, it's not as great as it sounds.
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Posted: Aug 31st 2011 3:50PM Marco le Polo said
@Arturis
The testers at Naughty Dog seemed happy enough. Of course that was right after they finished the first Uncharted.
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The testers at Naughty Dog seemed happy enough. Of course that was right after they finished the first Uncharted.
Posted: Aug 31st 2011 3:51PM Mmmmz said
@d134
To beat a dead horse, you don't do QA work unless you want to get into the industry. You just don't do it otherwise because it will kill any game you test, basically. Think it would be great to get early access to, say, GTAV? Yeah, then you do all the bug testing, realize you're not assigned to test actual missions or the like, just random crap like collision detection etc. where you comb every inch of the city in unconventional ways.
I.E NOT playing a game. And even when you are playing you need to be worrying about everything but the story, so you won't really absorb the game.
It's a JOB, after all. You want to play games for the fun of it for work, get into reviewing, even that makes games less fun.
QA can be a great starting position and it truly tests your guts for the industry. Couch potatoes need not apply.
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To beat a dead horse, you don't do QA work unless you want to get into the industry. You just don't do it otherwise because it will kill any game you test, basically. Think it would be great to get early access to, say, GTAV? Yeah, then you do all the bug testing, realize you're not assigned to test actual missions or the like, just random crap like collision detection etc. where you comb every inch of the city in unconventional ways.
I.E NOT playing a game. And even when you are playing you need to be worrying about everything but the story, so you won't really absorb the game.
It's a JOB, after all. You want to play games for the fun of it for work, get into reviewing, even that makes games less fun.
QA can be a great starting position and it truly tests your guts for the industry. Couch potatoes need not apply.
Posted: Aug 31st 2011 4:29PM ijustw1n said
@d134
As a QA for Vivendi I have to say I consider it my best job ever, wish I had stayed in the industry. You get to play games all day an mess things up. If you care about the testing which involves a keen eye and love of exploration you can really benefit a game. Plus you play a game all day, on breaks you play games against other gamers and when you get home you rest.
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As a QA for Vivendi I have to say I consider it my best job ever, wish I had stayed in the industry. You get to play games all day an mess things up. If you care about the testing which involves a keen eye and love of exploration you can really benefit a game. Plus you play a game all day, on breaks you play games against other gamers and when you get home you rest.
Posted: Aug 31st 2011 6:33PM Andrew12h said
@d134
Chocolate cake is great the first few times you eat, but when you're forced to eat one after another, it starts to make you sick, and once in a while, there's gonna be that one cake that's worse than all the others, and makes you sick just getting near it, but you are being forced to eat it, along with all the others.
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Chocolate cake is great the first few times you eat, but when you're forced to eat one after another, it starts to make you sick, and once in a while, there's gonna be that one cake that's worse than all the others, and makes you sick just getting near it, but you are being forced to eat it, along with all the others.
Posted: Aug 31st 2011 3:09PM Red Runner said
I gotta wonder how far this lawsuit will go. From everything I hear, QA testers are treated like the dregs of the companies who employ them. I have to imagine you'd start to hate your job, too, after you spend all day PURPOSELY trying to crash a game/find bugs instead of actually enjoying said game.
But yeah, I wonder if the lawsuit will be over before it even begins considering how little attention is paid to QA testers in the grand scheme.
But yeah, I wonder if the lawsuit will be over before it even begins considering how little attention is paid to QA testers in the grand scheme.
Posted: Aug 31st 2011 3:14PM Faceless Troll said
@Red Runner Working in QA myself (not for a game company), I can safely say it's one of the most monotonous desk-jobs you can have.
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Posted: Aug 31st 2011 3:20PM Red Runner said
@Faceless Troll
On the flip side, I'm sure Bethesda saved a lot of money with their innovative "QA testers are unnecessary" strategy for Fallout NV.
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On the flip side, I'm sure Bethesda saved a lot of money with their innovative "QA testers are unnecessary" strategy for Fallout NV.
Posted: Aug 31st 2011 3:22PM gordeaux said
ruh-roh. It seems like there has been a lot of news recently about developers treating their employees like garbage, even at the higher levels.
Posted: Aug 31st 2011 3:27PM Red Runner said
@gordeaux
Game companies treat their customers like garbage, only not as directly.
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Game companies treat their customers like garbage, only not as directly.
Posted: Aug 31st 2011 3:41PM gordeaux said
@Shadowbender
I think the problem is that there is a workplace culture in some businesses that tries to make it seem like it is ok to overwork your employees and not compensate them properly. I know this is true for some people where I work, and it is unfortunate when employees feel like they can't speak up about being taken advantage of for fear of some kind of retribution from the higher ups.
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I think the problem is that there is a workplace culture in some businesses that tries to make it seem like it is ok to overwork your employees and not compensate them properly. I know this is true for some people where I work, and it is unfortunate when employees feel like they can't speak up about being taken advantage of for fear of some kind of retribution from the higher ups.
Posted: Aug 31st 2011 3:49PM Pr1mus said
@gordeaux For QA testers though that issue should be fairly simply to solve, since most QA testers are hourly employees. You work 70h, you get paid 70h with the appropriate overtime... as simple as that. So i guess in this case either Take-Two is lying or Mr. Martinez is.
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Posted: Aug 31st 2011 3:50PM Faceless Troll said
@gordeaux A lot of that boils down to shitty middle management bottom feeders, who tend to exist solely to improve their image with the execs.
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Posted: Aug 31st 2011 3:54PM RyogaVee said
Before coming to Google I worked in the gaming industry. Started out as a tester with a number of companies. I'm not surprised by any of these statements. I once worked a 23 hour day, was often told that I could not claim over time. Was told not to clock in a few times. Or forced to clock out and return to my station. Denied breaks. Belittled, ect. But I was not alone. Alot of the people I worked with were treated the same. This is just common practice for man QA department.
It about time someone stood up for the little guy. But to be honest, if people complain too much, they will just outsource the jobs to another country. The only reason they have yet to done that is most other countries where they could get away with mistreating workers are not well developed and knowledgeable in gaming.
It about time someone stood up for the little guy. But to be honest, if people complain too much, they will just outsource the jobs to another country. The only reason they have yet to done that is most other countries where they could get away with mistreating workers are not well developed and knowledgeable in gaming.
Posted: Aug 31st 2011 4:49PM Red Runner said
@RyogaVee
In that case, I really want to see one of those cheesy Syfy Channel original movies where a greedy capitalist pig (every Syfy movie has one) who owns a big game company and treats both workers and customers like trash (with DLC and online passes) but his programmers create a computer virus that somehow leaks out into the real world and becomes a horribly animated CGI monster consisting of bits of code floating around in a vaguely humanoid shape and some young genius hacker has to stop him while impressing the hot chick who happens to also be a genius.
...I watch way too many Syfy movies
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In that case, I really want to see one of those cheesy Syfy Channel original movies where a greedy capitalist pig (every Syfy movie has one) who owns a big game company and treats both workers and customers like trash (with DLC and online passes) but his programmers create a computer virus that somehow leaks out into the real world and becomes a horribly animated CGI monster consisting of bits of code floating around in a vaguely humanoid shape and some young genius hacker has to stop him while impressing the hot chick who happens to also be a genius.
...I watch way too many Syfy movies
Posted: Aug 31st 2011 7:38PM mietha said
Pointless. Whether it's true or not is irrelevant. It would be next to impossible to prove without a LOT of corroboration, which is VERY unlikely (as anyone that is part of the suit will NEVER get a job in the industry again). All he is doing is wasting time and money and black-listing himself from the gaming industry, which I would guess he already was anyway.






