Check the Laws and lost suits
Posted By: You are Fooling Yourself on 2005-12-28
In Reply to:
Anything you post on a public chatboard or in a chatroom can be used against you by your employer as reason for termination if they so desire, and you will lose in court if you try to sue them. Plenty of these suits lost since the Internet started.
I worked for a bad legal transcription firm for 3 wks - fired after I posted on a legal chatboard (along with tons of others) - within hrs of posting some stuff. Definitely was why - no doubt. I then began researching whether this is legal - and by god it is. I used an anon name and no email. This co later had all neg posts regarding his co removed from the site.
As to this chatboard - the co I just left had many, many posts removed because they did not like their content.
Fortunately most cos recognize the need of folks to vent and don't want to be bothered. But some of these smaller cos really monitor posts, and mgmt posts as if they were MTs in response to neg posts or just to toot their own horn.
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Check the laws in your state. SM
In my state, the number one reason to qualify for unemployment is lack of work, even if you are still employed (a lot of circumstances to consider here). The company can threaten you all they want about production but if they are not providing the work, that is their fault. If they let you go, you DO qualify IN ANY STATE if it is for lack of work. The unemployment here has a 1 week waiting period, but apply for it ASAP. It is only going to be about 50% of your regular income though. This is determined by the highest amount of quarterly pay you received in the last 5 quarters. If there is any unemployment office near you, they can answer your questions. You can even apply online there with a counselor available to help you if you have any problems.
you have lost your mind to pay to get your check!!!
and people that accept this as normal!!
Check lost in mail :(
Hi. Just wondering if anyone has ever experienced this problem... I'm afraid my check that was mailed on June 4 has been lost in the mail :( I have a new mail carrier, and lately we have been getting a lot of mixups with our mail. I am going to go to direct deposit when I get this check. I am so worried as I am the only one working right now, and we have a family of 5 with 3 little ones and desperately need my check. This happened once before when I moved out of state and worked at MedQuist, and it was a horrible experience. They needed to wait a few weeks before issuing a new check after stopping payment on the one lost in the mail, so my check was about a month late. I am already behind on rent, so I am worried. So far I love my job, and I'm hoping the process will be a little easier with SoftScript...Has anyone ever had this happen to them?
We have privacy laws in this country, and you are held accountable. Our privacy laws
x
Sure, have lost patience, never lost sense of acting
x
QT lost jobs lost dreams
webmedx is hiring but they may already have enough people, I got a job there last week. No matter what kind of bull you are hearing from management or otherwise is a lie. The account is gone, please look for new jobs
Sure. To the suits but not to the MTs.
x
I liked the suits at first -
until I found out what monsters they were.
that's right, the Suits
I meant my company's top executives, who think we should be able to produce 60% more, and were probably told this by other Suits. I'm sure none of them have any transcription experience.
No suits here....
... I don't even own a suit. Well, actually I do, but I've outgrown them, if you know what I mean.... But I'm just a minion and proud of it. I've been a manager and a supervisor. No thanks. The money was nice but it cost me too much.
I only post what I've been told by people I trust, and based on my own experience. And, as I always say, others' mileage may vary....
I think most here would agree that going to the suits with any of our (sm)
problems ends up being useless. However, these boards are a good place to vent a little steam. If it weren't for a little venting once in a while, I reckon it'd be fairly easy for many of us to finally lose our cool, go Postal on our supes, and end up on the 6:00 news getting dragged off in handcuffs.
I believe it was actually a big meeting of suits,
ya know, the real thinkers and shakers, at some annual meeting or something. I know of one manager who had to slink back to the office - there were offices in those days - with his tail between his legs, as the word beat of the monkeys beat him back to the office. It was horrible. Happened probably a good 10 years ago, though, so its been their mentality for a long time.
Suits, I hope you know
how serious this is, and how profoundly you are impacting the lives of many hardworking MTs and their families. You are going to have a very unhappy workforce. Not a good thing.
Suits Salaries and Perks
What someone said on another thread got me to wondering about the salaries of those at the top. I googled the head of Transcend and came up with this on a Forbes article. Not too shabby. This was for 2007.
Salary |
$250,000.00 |
Bonus |
$0.00 |
Other Annual Compensation |
$0.00 |
Long term incentive plan payouts |
$0.00 |
Restricted stock awards |
$0.00 |
Security underlying options |
$0.00 |
All other compensation |
$0.00 |
Option awards $ |
$55,250.00 |
Non-equity incentive plan compensation |
$87,500.00 |
Change in pension value and nonqualified deferred compensation earnings |
$0.00 |
Total Compensation |
$392,750.00 |
Drs probably dont know. Suits arrange and pay for
3
Webmedx SUITS, read this
We know you read the boards. During the call tomorrow when you tell everyone just how much pay is cut we want to hear how much you've cut your own pay.
You've told us how efficient and productive this ISR technology makes us. So as we're getting more efficient and productive, you must certainly be getting more efficient and productive. Therefore, we'll want you to tell us about your own pay cut on the phone call on September 22.
Also, we want an answer as to why we never get annual raises BEFORE this economy went to pot. What was your excuse then when you talked about how business was booming and you went and bought a transcription school? Why didn't you give your employees a raise?
You market yourself as the REMARKABLE leader in the industry, touting your status as hiring only domestic workers. Well, wouldn't it be remarkable to give your employees regular raises? What's remarkable about yet another company who pays MTs crap wages, doesn't regularly give raises, has low work volumes, and is cutting pay? That's pretty run-of-the-mill in my opinion.
Are you making what you made 10 years ago? No? Then why should we be making what me made 10 years ago? Remember, we're working for the REMARKABLE Webmedx. Do something remarkable to earn that adjective, please.
Fed laws for OT pay
For years, Cymed only paid some people a premium for working OT hours. We didn't even know they were paying some people and not others, let alone that they were supposed to be paying EVERYONE premium pay.
Found the following re: Federal Gov't laws covering OT worked:
http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
This fact sheet provides general information concerning what constitutes compensable time under the FLSA. The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked.
They not under our laws
that is how they get away with it
The suits and facilities often control dictation, not
x
MQ good until Jan. 2006, when the devils in suits took over. nm
That's the attitude that keeps the suits rolling in cash.
=
It's not law, but it's usual general policy to avoid law suits. nm
nm
good, let them do all the India work, and take all the hits for law suits...
I wish they would monopolize the India market and totally stick with that...
I also posted an article about this a few weeks back, even with pictures of the offices in India (lot nicer than here).
hope they put all their money into it and then when technology takes all our jobs, they will have nothing.
Medquist, hate it or not, has invested rather in the technology, thereby will be the leaders in that. if I worked there I would train and learn everything I could about working with that technology because that eventually, in my opinion, will drive even Indian MTs into unemployment.
WHy should I care if you are impressed or not. It it suits me, I don't give a darn if anyone
+
It is the real deal. Back to not every company suits every one.
I have been there 2+ years and never had any problems. I make good money, have a good account, don't get bounced around, and have good management. The recruiter is very good to try and answer your questions or you can email me and I will tell you what I know.
"The Suits" is the proper term for these people.
There are Suits in every industry. They are the MBAs and they consider business a giant chess board. So much fun to move all the little pieces around and see what happens. Don't be afraid to sacrifice your pawns.
Annoying, Condescending, Uppity Snakes in Suits
It has to do with employment laws in SM
those states.
You have to be IC because of labor laws sm
I don't know of any companies like this because they have to verify the # of hours you work. Most places require a set # of hours per week, if you are full time often 32-40 hours, PT 20-32. All I have dealt with require the hours be met more importantly than the lines, they have to have staff to cover set hours for client needs. If your lucky enough to type 250 lph, apply for part-time, then you'll only have that 6 hour day you are looking for and not be obligated to type longer, then if you don't meet the line requirement in that time, you'll still have room to type longer without costing the company OT if you need to type another half hour or hour longer than expected to get there. These companies have to be very careful to keep track of the hours because they are required to pay OT for anything over 40 hours, and they have a minimum line count so they know the have people that can get the work done instead of people that aren't disciplined to type from home. All of this is just what I have seen in my 12 years as an MT, may be different for other MTs.
Partially due to HR laws...sm
I think it's a combination of needing the bodies like someone else said, but there's also a TON of hoops to go through in order to terminate employment on a quality basis.
Also, with the new HIPPA laws, NO
hospitals tell people any info, who call off the streets asking about accounts, who they dumped for transcription, who they use now, etc. If its public info, the contracts can be researched. Otherwise, I know for a fact that they don't just go blabbing private info to busy-body MTs calling for poop. It doesn't work that way! Also, for your info, most hospitals have multiple services doing their transcription at any given time, including inhouse MTs. In fact, rarely would a large facility use one service, so your info is meaningless!
US labor laws
Maybe this company is claiming ignorance of US labor laws b/c they are based far, far away. I have no idea, really. It's a lame excuse if that's their thinking. Something's very wrong at this company!
IC labor laws
HAPPY THANSGIVING... Could somebody point me in the direction I am needing to get the independent contractor labor laws. And can an employer tell you that you can submit your work in an e-mail if you cannot get into your system. Doesn't that break confidentialty laws? Anyway I am needing to know how IC work, works. Can I set my own hours? If I am too sick to work for a day and I tell my employer can they charge me a penalty fee?
I would appreciate any help I can get.
Labor laws
That is because a lot of MTSOs abuse the IC status. They treat the MTs like employees instead of ICs. Many years ago I worked for a service that fired someone. That person went to the Labor Board and the service had to pay back employee taxes on everyone. We all had to get a second account to satisfy the State that we were ICs and not just working for one company, which they considered a employee situation.
Laws and checks
A person who knowing gives you a worthless check has broken the law. In most places $400 and over is a felony. I think some have laws that state $500. Another law was broken when they put a stamp on it and mailed it to you. I would put it through twice (required by most sheriff's departments) and then turn it over to the sheriff's department. If they tell you to do this in the state/city where the check was written, do so. They will cease ripping people off or they will lose a lot more than transcriptionists. I speak from experience.
Labor laws
Why was your last thread locked?
They're always slipping these things in casually at the end of the day. Stupid suits.
xxx
to break labor laws?
x
There are no laws governing vacation/sm
time. Why would you assume this is not legal? I don't work there, but it seems to me that this would be explained as part of the employment process and if the MT doesn't like that, then they wouldn't accept the job, right?
It's a big deal because laws are being violated SM
and they are playing games (all of the companies). They think they can have their cake and eat it too. You either want an employee or an IC. If you have ICs, then you cannot tell them when to work, how to do the work or provide any of their equipment. If you are doing any of those things, then you have turned your IC into an employee - then you must follow labor laws, which include pay for overtime.
I'm glad these companies are getting sued. The only thing they understand is when it hurts their wallets. If that's what it takes to get them to operate within the law, then that's fine by me.
link to DOL - Labor Laws
It is against the law to be fired for turning your company in. If you have a complaint file it. Also, it is the responsibility of the company to keep a log of all hours worked for each employee. The way we are treated needs to come to an end! I cannot take it anymore and am getting out of the MT world after 10 years of working from home. I signed up for some classes at my local college and am actively job hunting. For everything that we have to know to be good at this job we are way underpaid. Ten years ago, I was making more as a newbie than I am now. I may have to start out at the bottom with a new profession, but at least I know I will work my way up...instead of working my way down as an MT. I hope a lot of people read the posts I have put on here and take action. It is scary to go out there after 10 years of being at home, and after all the abuse we have endured our confidence is down, but we are all smart, hard working women and we deserve better.
http://www.dol.gov/dol/topic/wages/index.htm
My company doesn't evade tax laws. They don't have
state tax. I didn't have a question and my DH and I have a very solid marriage and aren't going to split. You sound bitter.
Child labor laws haven little or nothing to do with it. sm
If children aren't developing a decent work ethic, or expect things handed to them, that's something they're learning at home (or, rather, /not/ learning at home). I'd look first to the parents before I'd start blaming outside influences.
If state insurance laws mandate it
they will, or they will not be allowed to sell policies in that state. I believe Illinois requires coverage for IVF.
Don't be so quick to assume that a company of that size does not know the laws. sm
It can come back to bite you later on; fraud has no statute of limitations.
You need to look at the facts: Companies pay unemployment insurance in every state they have employees in. They pay whether there are claims or not. The money paid to you was money paid into a general fund, so you really didn't do anything to the company themselves. It's not like companies write a check to the unemployment division; the money comes from money paid in out of taxes. Shame on you for taking money for free when you were an IC. It is illegal, it is unethical and your name should be assact, not classact, based on the obvious ignorance you have in most areas.
By the way, most MT jobs are employee status, not IC. If you were applying for jobs every week online and offline for six months and could not get a job, the answer is simple: You need a new career because you suck.
I sent HR the fair labor laws info and asked if it was
for real and had a few interesting phone calls after that. Later heard somebody didn't make lines, got fired, appealed and proved we had no work, and UE told Precyse they have to pay. So pick a story..... It's like anything else, believe what you want.
LABOR BOARD / MINIMUM WAGE LAWS
Regardless of all the bull dished out by the MTSO companies, especially as it pertains to VR, i.e., We're cutting your pay 50%, so you'll have to work twice as hard - but you're going to LOVE the platform. Also get tired of hearing about Learning Curve and wonder if my grocer, landlord & hungry kids understand this learning curve concept.
However (and the MTSOs can like this or lump it) WE MUST BE PAID FEDERALLY-MANDATED MINIMUM WAGE for workers with employee status - whether straight typing, VR or being required to babysit computer during no/low work. Of course, it's exploitation to cut wages in half from an already insultingly low rate & most MTs are surely feeling the pinch. But whether 2, 3, 4 or 10 cpl ... minimum wage must be paid. (Sorry Suits/MTSOs - the law is there for a reason!)
Every state has different labor laws. Each hospital has different needs. Good luck!
x
I live in Idaho.. and our laws are that you can only be fired and NOT receive unemployment ..
if you were fired for gross misconduct and boy is that a loose term. I worked for an office that fired two transcriptionists, each were absolutely horrible and used wrong terminology etc.. yet they were able to get unemployment because although they were obviously not competent for the job, they do not consider that gross misconduct. Strange laws here.. Just means you can stink at your job, get fired, and still get paid.. We believe one of the transcriptionists intentionally screwed up so bad that she would be fired and could collect unemployement.
Minimum wage laws are for employees only, not independent contractors
Would you pay your plumber or pool cleaner (examples of other IC jobs) more because the minimum wage increased?
I agree and laws should be changed on this. For now, allowing this info is a fact of life
nm
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