Are you sure the non-compete clause prevents you from working elsewhere?
Posted By: sm on 2006-06-19
In Reply to: Non-compete clauses in contracts. Has anyone refused to sign this and still got the job? nm - Need to work for more than 1 co. nm
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).
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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?
Not common and I think a bit abusive as it prevents you from getting the lines you COULD be
s
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
About that 75 miles clause
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.
I have heard Proveros has that clause.
nm
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.
they have to compete with the
I guess that is whats happening?
Non compete
Normally a noncompete clause pertains to an employee leaving a company and either going to work for one of their clients or taking the account for herself.
It should not keep you from working for a competing transcription company just should keep you from taking one of theirs clients for yourself or to another company.
Check the fine print a little closer
No compete
I do not think I would sign this, but also wondering if any of this affects your right to unemployment. When the hospital outsourced us we got a severence and then they denied unemployment for the time of the severence. We did not have to sign a noncompete though. I think this can vary state to state though as far as unemployment laws. On a funny note though, the hospital assumed we would all jump at the chance to work for the company they contracted with to outsource the work. Not one of the 35 MTs went to work for this heavily Indian-based company with a bad rep of hiring the MTs for the transition, then firing them once things were in place in India. The HR person at the hospital told me they were shocked and never expected to have to pay out the severence or have the unemployment claims they ended up with. Oh well!
Non-compete
If you are in a specialized business, such as medical transcription, you can claim hardship and a court will not hold you to said non-compete.
You have a right to reasonable opportunity to support yourself and a non-compete signed with a transcription service isn't worth a whole lot.
And if you work for someone and go after their clients, then ya just hope Karma doesn't pay you a visit.
Need to know the wording. Non-compete does not mean you ....
cannot work for another company. It usually means you cannot actively persue work from any of their accounts. They don't care about other MTSOs or if you have an accout of your own. This is especially true if it is IC.
You need to read it over again. Non-compete isn't about your time...its about their clients.......
Some places have no-compete clauses with
s
How can you compete with the big-company price-wars? - nm
?
Yes, its simply called a No Compete contract.
in our industry. MTs and management alike are bound by them, so really should be no hard feelings or a big deal. Its a very understandable clause and common in all industries, not just ours. If you don't like the clause, you don't have to sign or work for the company. Its not a biggie, really, and very common.
Non-compete clauses in contracts. Has anyone refused to sign this and still got the job? nm
nm
I agree. Three months and the best move I made. For radiology, I do not think anyone can compete.
nm
I worked for an all US MT company, we lost to offshore. Couldn't compete with their bids, and th
:(
Ditto.. Over 13 years experience working in hospitals doing all types of reports, currently working
for a national etc.. and Spheris told me I didnt have the qualifications. What cracked me up was the hospital I was working at at the time contracted some of our work out to them.. What a joke..I was good enough to work for a hospital and gave them work, yet not qualified enough for them. What is wrong with this picture.
MQ same situation. No pay for working holidays, no pay for working weekends nothing. Now noone works
much anymore and so they jerk the work out of the accounts to some place that throws it back with a lot of bad bad quality. This is the NE region. I dont know what the others are doing.
working from home is awesome but working for DSG is not...
horrible dictators, sound quality is bad, no answers to emails and they run out of work consistently...that is just my experience though...
So how is that working out for you?
x
Really? I'm working, too.
However, I'm working at the part-time job I was forced to get as soon as I figured out Transcend was screwing me. I have nearly 1,800 lines in so far today. How many do you have?
Are you still working for them? LOL
If you are, why don't you take your own advice -- leave. You're no victim except of yourself.
If you're not working for them, what's it to you? We're all adults.
Whether or not a company is "good" or "bad" (such juvenille generalizations, lol) is a matter of perspective and there are PLENTY of us who don't share your views.
Are you working for them now?
I just interviewed with them yesterday and have not heard back. Are you working for them now? How is that working out for you? Are you happy? Thanks
working
I, too have worked for other services. I think Transcend is excellent. You can make as much or as little as you want. I agree with you everyone is very nice and helpful and easy to talk to and most helpful. I have a different job at Transcend now and I think that very much, but I also transcribe whenever I get a chance.
are you still working for them?
x
I liked working for them but there
wasn't enough work on the 2 accounts that I was on to justify the fee for leasing the equip and I don't make enough yet to make purchases like dictaphone, lanier, etc. they always pay on time and CORRECTLY! if I ever purchase equipment like that I'll definitely be contacting them again.
And how would you know who is working and
I sure don't!
She could have another job and working before she would even
begin to qualify for unemployment. Why put herself through that anguish. She should resign and move on. She'd have a job in one day it is my guess. Unemployment should not even be an issue here. Most people can find jobs in this business very easily.
Who are you working for now? nm
nm
Yes, it's working now.
NM
I am not working for them anyway, so
PTS Dictation in Florida. They said that they only get 8 cpl, and that is why they only pay 6 cpl, and yes based upon a 65 character line. That is not my problem they don't get paid like they should. I don't work for anything less than 8 cpl.
Working for nothing
You must not be in desperate need for making any kind of money because that company paid me terrible! $4.25 per 1,000 words. I can make more money working at McDonald's flipping hamburgers!!
Not a good company to work for! Would not recommend it to anybody!
been working with them 5 yrs now - sm
owner is not very organized and was getting paid 15th and end of month but she has stretched it out to every 3 weeks now but accounts are SUPERB and once you get past the disorganization they pretty much leave you alone to work.
Oh like you are working....
If you have to keep replying obviously you are unemployed. I am not bashing anyone. You are a few others are the only ones calling people names. I never called you a name but you called me a loser. And I do think it is funny, no hilarious, because you so angry and frustrated? Do like the above poster said, take a pill!!
I don't know what you mean - it's working for me. nm
x
I have been working for them for 6----
months. They are very nice people. Pay is on time. Good communication. QA is excellent. I am happy with them. If you have any more questions you may email me.
Still, would be like working for nothing....
I like what I do for a living but not that much!
You must be one of the ones let go for not working??!!
I know we do have a few sour employees who chose not do complete their files within TAT and thought they could just keep going. So yes, i'm sure they are angry they got fired and they will be angry at the next company that fires them for the same thing. Sad, really!
For those working for OSI...
How do you like it? I am considering doing their mentoring program, but it says you have to commit to a year full time following mentoring training. What is their scheduling like? Is there always a weekend day included? Is it set hours every day? Is the pay pretty good? How about the accounts and platform?
I'm sure there is info out there on them, but trying to search this forum is frustrating. I don't want to see messages from two years ago!
Thanks to anyone who can shed some light so that I can see if this is a worthwhile investment to make (in having to commit to a year full time).
For anyone working for QED...sm
Would someone currently working for QED please e-mail me? TIA
not working
Are you working actively, i mean right now, at Transtech. I too have been there a while and they are an okay company but for the last 6 months or so the work has been little to nil and I am thinking about moving around but at this moment I really would not recommend them.
not working
I think MT should be pain for downtime because 9 times out of 10 you are still sitting at your computer waiting for jobs/work to come in so technically you are still on the job. Another thing is that I hear make up your lines and/or your time but in my opinion I think the employer should compensate the MTs some kind of way instead of expecting the MTs to make up time because as stated earlier the MT was sitting at the desk waiting for the work to come in but if its not there how can it be done. Over the last few months I have tried to look at it both ways because my company has had very little to no work coming through for me. I don't hold my employer accountable per se but I feel that my employer is not seeing it from both ends when I am told by my employer to make up your lines/time before the pay period is up because obviously the work is not there.
Myself - working for myself has been the best
        
Why not? I have been working for them
for a few months and they seem fine. Certainly not as sleazy as the Q, at least on the surface. What is wrong with SoftScript?
Working for...
Anyone out there working for ATSI out of Florida? If so, how do you like? Tell me a little about the job. Thanks.
If you think that's bad, try working there and getting someone to help you - LOL
nm
Down below you say that you have been working
for Keystrokes, and are there presently. Why are you asking about testing? Honestly trying to figure this out.
I'm truly sorry it isn't working out for you. (sm)
I haven't had the problems you have. We must be on different teams. I wish you the best of luck with the company search. There has to be one that is a perfect fit for you. :-)
Working for OSi
While I am sure there are people who, for whatever reason or another, do not like OSi. I believe not all companies are a perfect fit; however, speaking from my experience with OSi, I have had nothing but a great experience. They offer incentive pay quite often. I cannot think of one bad experience I have had with this company. The pay is ALWAYS on time, people are there to help you if you have any questions. They will work with you and your schedule.
All I can say is one person's experience does not mean your experience will be the same. Good luck on your decision. Just remember, you don't have to stay if you don't like it.
Good luck,
Paulette
Don't know about actually working there.
The pay scale was weird for eScription and they send 6 files for you to transcribe. I haven't had time to do them.
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