About that 75 miles clause
Posted By: NightOwl on 2009-06-04
In Reply to: FMLA-MT - ex-Spheris MT
I've never seen that enforced on at-home employees, so I'm not sure. I HAVE seen references to FMLA in Medquist's literature, which implied to me that FMLA applied to MQ'ers. As many MQ'ers as there are though, maybe there are 50 or more employees in most 75-mile radiuses? Even with the Q though, that doesn't seem possible. The USA is a pretty big place... My thinking is that FMLA applies to at-home employees who are employed by companies with more than 50 employees.
Complete Discussion Below:  marks the location of current message within thread
The messages you are viewing
are archived/old.
To view latest messages and participate in discussions, select
the boards given in left menu
Other related messages found in our database
Not due to noncompete clause ..
I'm just talking in terms of other MTSOs will hear that you are going around town undercutting their prices and stealing their clients. They get mighty ticked and share that info with other MTSOs and then if you apply with them, they'll say Oh, THAT person and it will not help your case any. It's not a legal thing such as the noncompete, just kinda like a social outcast, for lack of better explanation! lol
If you are happy where you are, I agree you should stay. You have to remember that most of what you hear on the Internet is exaggeration. I take about half of what I hear, cut that in half, and THAT is how much I believe. LOL It's just too tempting when you are posting anonymously to add some flavor to your life story so I just take what I hear on these boards with a grain of salt unless I personally know the poster.
There is good money in having your own accounts but there are a LOT of headaches that go along with it, too. (For example, I'm dealing with a severely delinquent client right now -- big bad headache.) I enjoy it but not everyone is cut out for the business side of running a service so you know, the grass isn't always greener. Or to take a line from one of my favorite songs, the grass is always greener where the dogs are sh*tting. (Oops, can I do that here?? lol)
Sometimes I'd just as soon go back to working for someone else, even if it meant less money. I'd give up some of the headaches in a heartbeat but I can't give up the flexibility that having my own service affords. Too spoiled now! I have two children so that's the major reason why I enjoy having my own service. I can call the shots as far as what hours I want to work as long as the work is delivered within the TAT. :)
One thing I should add, though, is that I do pay a price for the flexible hours in that I don't get days off very often, and they sure aren't paid when I do (same goes for sick days). On the contrary, I have to pay someone else to cover for me on those days. And for the record, I do my own transcription and have a couple of subs who help out only for overflow or when I get backlogged, maybe once a month or so -- or if I just need a vacation -- so I am still very much a working MT!! I have seven docs I transcribe for so I am busy, busy, busy. I'm looking into probably hiring someone on for the long haul within the next six months because my workload is increasing by the day but I will always still transcribe, too, for as long as this body will hold out.
Anyway, my point of this long post is to say that for me, having my own accounts is not just to make better money, although that is a good perk, but about the freedom to call the shots. Since I make the contract, I make my the rules and if they don't like my way of doing things, they can find another service. Since there aren't too many in my area, they'll usually negotiate something that works for us both. :D
No-Compete Clause
I need help making a decision and I don't know who to ask. My company recently had a layoff, and in order to receive my severance, they are asking that I sign a form that states that I will not work for a competitor for the next 12 months--basically stating that I will not begin to work for any company in the MT business and that I will not try to start my own business. The severance pay only equals a very, very, very small fraction of 12 months of pay, so the compensation of this request is inadequate.
I have contacted to local attorneys. They both said that it is legal of them to request this. One lawyer said that I just simply should not accept the severance and that I should just try to find another job. The second lawyer said to sign the agreement, accept the severance, and still try to find another job because the no-compete clause is just too vague and asking me to give up my career for 12 months is not something that would be supported in a court of law if my previous employer decided to prosecute.
Has anyone ever been in this situation? What did you do or what is your advice to me?
I have heard Proveros has that clause.
nm
Are you sure the non-compete clause prevents you from working elsewhere?
Oftentimes, what the non-compete clause in an MT contract means is that the MT cannot solicite work from the clients of the MTSO, not that the MT can't also work elsewhere. In fact, for an IC contract, stating you can only work for that MTSO is a big no-no (since one of the IRS definitions of an IC is that they provide their services to more than one client).
This is the confidentiality clause on email I receive
This email message may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for the delivery of this message to the intended recipient(s), you are hereby notified that any disclosure, copying, distribution, or use of this email message is prohibited. If you have received this message in error, please notify the sender immediately by e-mail and delete this email message from your computer. Thank you.
The way I translate that whole paragraph is:
I am the intended recipient. The rest of the paragraph does not apply.
However, if I were NOT the intended recipient, THEN I am hereby notified regarding disclosure, copying, distribution, blah blah blah blah.
Go prove your case and get what is owed to you.
Good luck.
I feel that way every day. Just 15 miles and 150
xx
For me, 9 miles, and have to get gas at the pump again.
calming waves and food. B/c of the gas. But working at home, I think I'll pay for a little gas and sit on the beach and scan for loose change to eat!
From what my employer says, the 50 have to be within so may miles of one another
Yes, there have to be 50 but they have to be within a certain mile radius before we are eligible for FMLA. It really doesn't count for home MTs if this is the case.
They have to drive a whole 10 miles. I am so jealous.
WOW. They have to drive a whole ten miles. I am so jealous. Since MANAGEMENT is based in Madison, Wisconsin and it takes 20 minutes to travel from one end of the city to the other, I do not think driving through the snow for a SPA weekend is all that much of a bonus. Now Cancun. That would be a bonus.
Closest doctor is 30 miles away
Already looked into that and the closest doctor is 30 miles away which is too far for the money and they are all going to EMR anyway.
Few hundred miles north of fires but
we had a share last year with all the fires and smoke. Yes, California keeps gettin' kicked while we're down.
Email me with your filler job link?
I have known her for 8 years. She is miles ahead of OSI and I'm glad out of the viper pit
She has never been fired before but she blew it off and is already working. She could have w11m offered some significant skills in many ways if they had beev brimming the comopanybck to life.;
If there was a such thing, the black list for MT's would be miles longer than sm
that of MTSO's. I would love to see most of the MT's I have dealt with even begin to do what I do. Most don't have the social skills, personalities or work ethic to be good employees, much less MTSO's.
NOT ALL, BUT MOST. If you all can generalize, so can we. The difference is that we don't talk petty BS to each other as MT's do on the boards. I, for one, am sick to death of the bashing that goes on here. If you spent more time working and less yapping, you might make more money and be good employees.
I am in exactly the same boat, 10 miles from small rural town, don't know any local
MTs even after 12 years in this community. I need to find something with decent pay and the same kind of flexible scheduling. I too had planned to stay with MDI through retirement and this has really thrown me for a loop. I would just look for a new career right now if not for the fact my kids are still young enough that I would like to still be at home/available, especially when one has a chronic illness and his needs can change on a dime.
I got a travel mug! I work at HOME. I drive 10 miles a week. I don't drink coffee. Sheesh! lo
nm
Honda is 11 years old, 190,000 miles . Toyota was 15 years old and 279,000 superb
x
|
