Beware of contracts that state
Posted By: anon on 2007-01-04
In Reply to: this is a good one, too - job hunting
you get paid when we do... run, run as fast as you can...! Do not sign it.
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Unless something has changed, health insurance rates vary state by state, so we may not have the
info you need. I'm an IC so I don't have benefits.
You are correct. The state that rules is the state the employee lives in.
My state laws has is spelled out in their Code. If another state does not withhold, they are fined heavily and if they don't withhold for years, their fines are pretty bad. I worked for a Florida co that did not withhold income tax for my state even after I brought it to their attention in the state code. They kept saying that they would eventually and never did. After two plus years and when I left, I made it known to my state all the conversations, the state refunded me all late fees they charged me and then said they were going after the company in Florida because they had many employees in our state. They deserved it. They knew better.
The state you live in or the state where the MTSO is located? nm
nm
If company is in state that has no state taxes
they are not required to take out state taxes. It's enough to keep up with your own state tax law code, could you imagine having to stay abreast of 49 other state tax codes? The cost would be huge and ultimately passed on to us by lower line rates. Regardless of who owes the tax, someone has to pay it. Just a matter of convenience I guess.
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.
Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
Different state to state. You would be surprised to find
IC can be defined differently state to state. Even the IRS cannot come up with a definitive set of rules. You would be surprised how many ICs actually get unemployment in some states. If the unemployment claim form asks specifically if you are an independent contractor, do not lie, but if it does not, do not volunteer it. Let the company prove you are a true IC according to the rules of your state. All you lose is a few minutes filling out the claim form. I would only do it as a last resort. If you can find work fast, by all means go for it, but the way things are now with all the VR and off-shoring, it is a backup if you cannot find work. No one should go hungry because they are afraid to file for Unemployment as an IC.
contracts
Everyone should keep in mind contracts work both ways. If the company voids the contract in anyway - nonpayment, late pay if stated in the contract a date it is to be - then the entire contract is void. If you have a problem, go through the yellow pages for a free consult with an attorney - but the contract is not just for them it is for you too - so if it states you are to do 1000 lines a day and they do not offer it up, if the wording is proper - they voided the contract not you. If a company says the payday if Friday and you do not recieve it within a standard mail delivery date, they have voided the contract. So yes please everyone review what they sign to see if you can get what you deserve. So many of us just take it, I say get some legal advice - Lawyers hand it out like candy. If we dont - they will continue to bounce checks, pay late, decrease workloads, etc.
contracts
Tried to email you privately but it would not go through. can you send to my email and let me know company name you mean. I would like to know if it is the same one. thank you.
contracts
Anybody have this experience? I was just offered work from a company that sounded wonderful, just what I needed. No set schedule, work anytime, just set number of lines. Then I got the contract which stated basically paid on the 15th and 30th assuming payment received from client. What? I should do the work for their business and then they don't have to pay me until their client pays, if their client pays. I don't think so. The contract obviously precludes the MT from contacting the client so how do I know if the MTSO got paid or not or when they got paid. Just looking for other people's thoughts on this. Am I being paranoid? Have you ever been asked to sign such a contract? I have seen many postings on this board about people not being paid, and I do not want to be in that situation. I do the work for XXX Company. Doesn't XXX company owe me that money either way. I feel it is their responsibility to pay for work done for their company and THEN deal with the client for any nonpayment issues. What do you think? I politely told them I could not sign the contract with that statement included and asked them to reconsider their position, explaining my feelings on the subject.
contracts
Without reading the contracts, I would say that they need to give notice to change it, unless there is a clause in the original contract that they can change it at will. If you see a clause like that don't sign it.
RE: CONTRACTS
Right ... employees, IC or employee status, should have some type of contract with their employer. But who usually writes the contract? How many contracts presented by the MTSO actually allow for input from the MT? For the most part, they are WORTHLESS, often detrimental, to the MT, since they are almost always one-sided favoring you know who.
contracts
Do you then sign a contract you disagree with? I don't understand doing that.
When I'm given a contract, I surely do take my pen and cross out what I do not agree to, add in what I want agreed to, and sign it.
This at the very least opens the door to negotiation of what I see as issues I can't work with. I've turned down contracts where the MTSO wasnt willing to negotiate to meet my terms. And more often than not, the MTSOs have been willing to work with me.
contracts
You can give direction to a contractor. You can tell the plumber you work until noon so he needs to fix your bathtub between 1 and 5. You can tell him you can only have a plumber there on Monday.
Most ICs do not ever bother SUBMITTING a contract to a service, which is just insanity. Instead, they kowtow to the demands of a service (treating them as employees), then kvetch when they aren't treated as ICs.
Education and knowing how to conduct BUSINESS is seemingly lost among way too many MTs.
You need to negotiate better contracts.
.
Depends on Contracts
I do not know whether the contract specifies only that the work be done in US, or that the provider not outsource at all. If so, that could void contracts. But at any rate, they will still need us US employees to do the work.
Some union contracts have more pay for certification. sm
At a facility I worked at for about 11 years, we had that benefit - $1.00 an hour for certification. You would have to find a unionized hospital and see how their contract reads.
MTSO HOSPITAL CONTRACTS
What duration of time is a contract with a hospital, one year? It is now April, meaning 50+ transcriptionists needed a year ago, means 50+ now fighting for work. ??
They don't go up b/c hospitals have contracts with MTSOs, sm
saying this is the rate for 2 yrs or whatever. The company may want to pay you more, but they aren't getting reimbursed a high rate from hospitals or clinics.
I'm an IC and I won't accept contracts that have line
IC. Those of you who agree to working a certain amount of lines are being taken advantage of, and you also make it harder for us true ICs who know that line quotas should not be enforced.
If these companies worry about keeping the client happy, then hire more people. The company I work for does just that. If I can't work for some reason, then someone else picks it up. If they can't work, then I pick up the slack.
Those of you who want steady work put up with the rules and accept IC status because you want to work every day. Well in response to your lazy post, then don't come on here crying when you run out of work because as an IC these companies do not have to promise you any work or provide it all.
So it doesn't work both ways. Most ICs, by definition, should really be employees especially with set schedules and set hours.
As soon I see that I have to work set days or type a certain amount of lines I bypass that crookery of a company. Sorry, that's how it is and I do fine in the salary and job department, and I am a true IC that makes my own rules. I am by no means lazy but I will not tolerate set rules when none should be set unless they want to offer me employee status.
P/S: You all cry when these companies run out of work and when you're an IC, they don't owe you any work; so the joke is on you for not looking out for yourself and instead trying to make excuses for these companies who are getting away with paying ICs and controlling ICs when it's against the law.
FUNNY THING ABOUT MT CONTRACTS - SM
They're about as LOPSIDED as a 3-legged dog/horse/donkey - take your pick. WHO GETS TO WRITE THESE CONTRACTS IN THE FIRST PLACE?? Who has the most to say on what does or doesn't go into it? Certainly not the MT. They're almost all written by THEM - with the help of their attorney or in-house legal department - and I can guarantee you they didn't miss a trick.
Case in point: Ever look at your apartment/house lease, for example - you know the tiny print on the back with about 200 clauses - favoring, guess whom?? IC status might have its merits for the MT - CERTAINLY for the MTSO - no taxes, no SS to pay for you ... no worry about lawsuit for wrongful termination or worry about you applying for Unemployment - but they STILL b---- and moan ALL THE WAY TO THE BANK. 
FUNNY THING ABOUT MT CONTRACTS - SM
They're about as LOPSIDED as a 3-legged dog/horse/donkey - take your pick. WHO GETS TO WRITE THESE CONTRACTS IN THE FIRST PLACE?? Who has the most to say on what does or doesn't go into it? Certainly not the MT. They're almost all written by THEM - with the help of their attorney or in-house legal department - and I can guarantee you they didn't miss a trick.
Case in point: Ever look at your apartment/house lease, for example - you know the tiny print on the back with about 200 clauses - favoring, guess whom?? IC status might have its merits for the MT - CERTAINLY for the MTSO - no taxes, no SS to pay for you ... no worry about lawsuit for wrongful termination or worry about you applying for Unemployment - but they STILL b---- and moan ALL THE WAY TO THE BANK.
Yes, the hospital contracts out to the MTSO who is an IC...sm
and has to hire people to fullfill that contract. They have the option of hiring independent contractors with some sort of line quota in a period of time or hire employees who work a schedule enabling them to meet turnaround times more precisely but having to pay employment taxes and give benefits. A company can have of mix of these employees but there is definitely a difference by law. I myself prefer flexible part-time, but so far those jobs have been hard to find.
Our contracts will expire at the end of 2009
at which point we will have to sign all that HIPAA confidentiality stuff and probably noncompete agreements with Transcend too. While the 2009 MDI contract says they have to pay us a certain line rate for 12 months (and this would be binding on Transcend as well) I bet what we signed says we cannot compete for at least couple of years (and this would be binding on us as it pertains to what would now be Transcend accounts.) Don't have time to hunt up and read my contract right now but I would be very surprised if the noncompete agreement expired at the end of 2009. Way to easy to walk off with accounts that way.
I'm not posting contracts. You're insane!
I don't care if they don't believe me. I'm the one getting paid. What do I care if they don't believe me? I can understand the problem with others getting hired in at higher rates, but truly that is their situation, not mine.
You're real sharp but not I'm not dull enough to bite that! LMAO
Good Point, But Contracts One-Sided
Sorry for duplication, I now see both your posts. You bring up a good point, though sometimes these contracts are one-sided and allow a lot of manipulation of job pool by client. But fact remains that US-only work remains and someone has to do it, preferably those of us already trained. Hopefully one way or another we will remain working for those clients. ???
Sten-Tel contract, anyone with any info on their contracts? more inside
I received their contract and had my attorney look at it and some red flags came up. One of the things that is in it is an indemnity clause stating that I an as an IC hold them harmless for ANY liability even if it's THEIR fault. And there is no guarantee of any certain amount of work or amount of hours in it. Please help and advise if you can. I would like to hear from any previous Sten-Tel workers or present ones. Thanks.
As a service, I do not carry liability insurance...on contracts,
I line out that clause. The liability for MT work is extremely low. I personally have never heard of any MT being brought into court on a transcription. Has anyone else? Therefore, liability insurance is either a) not necessary or b) if purchased, would be really really cheap as the liability is practically nonexistent. None of my clients has ever been offended that I don't carry liability. I simply tell 'em that no body does.
Non-compete clauses in contracts. Has anyone refused to sign this and still got the job? nm
nm
Companies close old and gain new contracts all the time. (SM)
Stop rumoring.
If you have information, share with the Administrator or myself. Otherwise, leave rumoring off the board.
Goldbird
I've got a question about contracts. How legally binding are they?
I was reading the MDI discussion below and a couple of ex-MDI MTs have said that their contracts were changed while they were still employed forcing them to work different days, different schedules, etc. I worked for JLG not too long ago and they basically did the same thing. I signed a contract stating a certain wage and then they basically breached the contract and completely changed my wage.
So what are the deal with contracts anyway?!?!??!?!?! Why do we bother to sign them if the companies aren't honoring their side of it? And shouldn't the MT be able to take legal action against an MTSO that has breached their contract? Shouldn't there be legal ramifications? The MTSOs make sure to put in noncompete clauses in the contracts so we don't steal any of their clients and try to scare us into believing that if we try to steal their clients, they'll sue, but then they completely disregard the fact that they signed the contract and they could be sued for not meeting their end of the deal!
I HAVE HAD IT!!!! These MTSOs are getting away with too much! I have a file folder the size of a freaking PDR with nothing but contracts I've received throughout my career as an MT and I'd bet that if I sit down and go through them, not one of the MTSOs honored them.
When the hospital contracts an MTSO they are abiding by contract
and the hospital CAN ask that the work be done at certain times. That does not make the MTSO an employee now does it?
They CAN contract a person out to do work at certain times with certain turn around times, and that is NOT called an employee. It is called CONTRACTING someone out to do the job they need done when they need it done.
Most contracts said either party can quit or fire at any time. Would be unusual to get locked into
s
They should take out state taxes for the state
nm
It varies from state to state
nm
Varies from state to state
My own state recognizes partial unemployment, too, when your work gets cut down to half of your regular workload/income.
Beware
They caused me nothing but grief because I pointed out a spelling/typo error in their ad. But a a friend, subcontractor of mine, did call them and they pay about 5-6 cents a line. She said that she could not pay more because she did not charge her clients that much as attorneys won't pay but I would not believe her. Anyway they caused havoc to my life on this board for a long time until Admin stepped in. Look at their ad and unless they have changed it there are typo's. Would you want to work for a company with that type of quality?
beware
Don't go to work for Spheris. I just left there after 3 years of employment because they continuously had low work. I asked repeatedly (very nicely) to be placed on other accounts that were not VR (they only have one). Well, they have not paid me for my last 24 hours (3 work days) worked because they must approve of your hours/lines worked on a certain account. What a jerk company. I clocked in and clocked out just like everyone else does for these large national companies. I hope no one comes on and attacks my post and thinks I'm being malicious or hateful, because I worked on rather difficult acute care accounts for this company throughout my employment with them, was a loyal employee, and always worked my schedule. I also altered my schedule several different times to work later hours (past 1:00 a.m.) and weekend hours (all weekend). If the moderator finds fault with this post or thinks it's slanderous, well then SOMEONE needs to take a deeper look into these larger companies treating their much needed, hard-working MTs like CRAP, all in the name of us working from home. They are nothing but a bunch of bullies there and are not a nice company. No wonder so many people have left them and gone to smaller companies. The smart MTs left and saved their own skins.
TC beware
TC used to be a good company, but they have hit a rocky road, a lot of management turn over lately. They seem to run out of work often to. I would just go in to it being aware.!
Beware
Typingforpennies, please be aware of spi. They sound great and offer great perks but if you don't have work you have nothing.
Beware of D&L
If you are looking to get paid for the work you do, beware of D&L Typing. They promise the world, especially that they will pay on time, then when payday comes they have the lamest and most commonly used reasons for not be able to pay you. Or, on the off chance that you do get paid, the check will bounce. I wish all of you good luck and, please, beware of D&L.
Why Beware???
I have been working there a month and everything seems to be just fine.
Beware of SPi
For any MTs/QAs out there that may be looking at different companies to work for, beware of SPi-BPO. They are not worth it. They constantly mistreat many of their employees and their Open Door Policy is nonexistent even though they will tell you Our door is always open. Yeah, right. And with their new line count status, line counts are going down and you are expected to meet a quota within your 8 hours that some people were not even meeting before the line status changed. Upper management is often unaccessible/does not care. There are a few nice people there, but emphasis is on 'few.' Yes, I know I sound disgruntled, and after watching the way some of my ex-coworkers have been treated, I probably am. Thankfully, I found a great company to work for and their platform is nearly perfect! Goodbye SPi and hello to actually having a life again and not believing I'm going to get laid off any day now.
Beware
Stay away from Transportal at all costs for various reasons, please read your e-mail.
Beware
If anyone is planning on working for Global Info Systems out of Texas, mostly indian owned.
I don't know, but beware of the ones
that are always hyped up as good co's by other MTs. Not every company is a good fit for everyone!
Yes Beware
They do not honor contract; tried to force hours/schedule on IC status by having submit a schedule and then there was no work and was told still had to be available during those hours even if I did the work later in the day if it came in after scheduled hours. They do not understands the IC flexibility as long as it was done in 24 hours. New manager tried to tell me to start at early a.m. on schedule when there was no work. When I asked what days the doctor would be dictating or working so I could fix a schedule to submit for them I was told they could not ask their doctors that question. I just wanted to know what days they would be expecting work so I could fix a schedule. There was supposed to be a 14 day termination time but they terminated me that day for asking for help on getting a schedule down that would work. Owner would not communicate. Switched accounts to new account and only got it for 3 days and could not make a schedule based on that as it was sporadic. They did not follow contract but not worth pursuing. The office manager is not a MT and she was doing QA on work. Unable to talk to the owner. Asked to resolve problem with schedule but IC status is not how they interpret it. I got behind just a bit for 24 hour TAT but we had no clue how much she would download finally and they were long reports. Once had 100 minutes and as soon as I finished she wanted me to start another 85. I needed a break. One day she called me and said Are you typing not 30 minutes after the work was loaded to transcibe after I waited all day. Not professional at all.
This is the one that comes up beware!
nm
TO BEWARE - WHERE THE H*** DO YOU GET YOUR INFORMATION -
Their biggest accounts are not done overseas. I am on one OF THEIR BIGGEST ACCOUNTS. My work is not rerecorded (however, yes, yours might have been). Maybe you were not a good Transcriptionist and they needed to keep you on a small account!!!
Medware and BEWARE
No response for about 2-3 weeks after submitting my resume and ANOTHER 2 weeks of mismanagement and their set up -- NO training manuals, etc or anything else after promises that sent it by mail when I received equipment, the box was damaged and damp and here in the Southwest, we dont have rain.
I was hired by them for a potential management position FIRST offer letter was for a Transcriptionist at 8.5 with 20+ years experience - their second offer letter was for an Editor - hourly -- this was AFTER talking to the recruiter for a QA position -- I then received a call the next day, to be a shift leader/QA person -- etc., which NEVER came to be - I had a set schedule, but with problems with set up with software etc, it took yet another week - my QA was cleared in 2 days and in this WONDERFUL position, being paid an hourly salary -- all I did was transcribe -- when I told my supervisor that I wanted a percentage breakdown between transcribing and supervisory duties -- this person could not break it down -- I called my recruiter and was told if you are so unhappy, quit -- nice to be treated that way -- I am not the only person who has been in this position and there is a a certain supervisor who has her own company, who works for Medware, but is hiring employees for her company and they are doing Medware accounts -- the ONLY positive is even though I have NOT returned the foot pedal etc, they still sent a check
If you are relatively new and still want experience, beware..
You will have people in Indian doing QA on your work and then you will be penalized according to their standards of QA.. This could be 5-15%, which may not sound bad, but when your check is over $100 less than you thought it would be, that does stink and I do not care how new you are. No one deserves to be penalized for errors that way. Another way for them to save money and pocket all the money. If they have people QA-ing in India, that also puts more money in their pocket and the list goes on. There are too many other companies out there they would be willing to help you as a newbie.
Beware of Transolutions. sm
I recently tested with Transolutions and they called me yesterday offering a job. When I questioned them about what pay they were offering me, she said that the first 2 weeks were 12.00 an hour and then after that it was based on my speed and accuracy. So, they could tell me I'm making 5 cpl? I don't know if they are legit or not, but it sounds kind of fishy to me. Sounds like a bait and switch type of deal. Just wanted to let you all know in case some were considering this company like I was. Just make sure you get in writing what your pay will be BEFORE you accept a job!
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