Contract concern
Posted By: Terylyn on 2008-11-10
In Reply to: I work for them currently. - OldMT
I am wondering why it would state the MT is working for 2 companiies and that the first company (OSI) should they not pay, then the second company (Alpha) only being liable for minimum wage. That sounds fishy. It is a violation of federal law to not pay, and to sign the contract, is that not my agreeing to only accepting minimum wage regardless of what I would truly be owed should OSi decide not to pay?
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
Communication and concern
xx
Whether you care or not is not my concern...
? these are put-downs to me:
(quotes do not show up, for some reason)
---Geez, it is not a business of humanity. It is transcribing. (missed the point completely on that one, I was describing health-care in general, and the callous attitude I see on here over and over again).
----you are about to blow a gasket. (? - excuse me?)
(not quite sure what this one means) ---I think you the 1st syndrome the OP mentioned and it won't work, the old the MT is everything syndrome.
If you're not doing good in transcription work, it's YOU who isn't doing well. The rest of us seem to be doing fine---
(again, rude)
there are also posts putting down MTs as whiners etc., which is what I originally was responding to...
Posts get deleted on this board a lot, and I believe only certain views are allowed.
Probably the only reason my posts have remained is for everyone to ridicule, as the posts mostly have done.
Nope, not our concern but... SM
For giggles, I wandered over to the Spheris website and this is a copy-and-paste statement directly from Spheris about Quality:
QUOTE: ** Spheris has the highest standards for quality and accuracy. Our strict policies and standards do not change depending on where the transcription is performed. Our customers are unable to determine by reviewing a completed transcription file whether the work took place in the United States or in India. ** END QUOTE
Interesting... very, very interesting (in warped kind of way.) Raise your hand if you'd like to join me in saying to this prestigious but lost account: Buyer, Beware!
I understand your concern..sm
and I can assure you that I am in no way shape or form a management person, nor do I work for TT. I was just curious as to the wording of the filing, is all. I could care less about names or anything else. I just wanted to know where to look, and I guess you have sort of answered that for me, which I appreciate. I did research a prior lawsuit on a different company in the past beginning with a K, and I do believe that company won their suit, but I do not believe it was defamation, if I remember right, but maybe false termination or some such. I am also concerned that transcription companies suing transcriptionists is going to become a trend. I surely hope not, and I am surely behind the OP 100 percent. Thanks for an honest answer, anyway.
Thank you for your concern, let me explain
the reason for my original post. I work at an MTSO that does not require weekends. I receive 8.5 per line for text and 6.5 for speech. Better than most. I love my company. I just happened to look at a few job openings to see what is out there in the market. I submitted a few resumes, and this company seemed appealing, so I pursued it a little further. Not even sure I would have accepted even without the weekend work. I have learned a few lessons today. I work for a wonderful company that seems better than most, and I will stop looking. I am glad to know that my company probably is one of the best out there, so it was not like I needed this job. So everyone can bash me all they want. They don't know my circumstances. I am in a situation that I can accept where and what job I want to. I have a wonderful husband who works hard for his family, so I can also choose not to work. Also, I never once said that I will NEVER work a weekend. I work weekends at this job if/when I have time, but it is purely voluntarily. I do not have a schedule during the week either, work when I want to. I have learned today that my job really respects the term IC. I also get annual raises. Great QA staff. So all of you bashing me, you never knew my circumstances to begin with, apparently I have it great! So go ahead with the bashing now, because I am sure there is more you can pick apart from this post. Glad to know I am so popular today! I am laughing my butt off! This has been so entertaining. Oh ya, and I am one of those who loves speech.....let more bashing begin!
No I seriously meant....Thank you for your concern...
but then I went on to explain to everyone else my situation. I didn't mean to clump you in the category with my post. I am truly sorry! Trust me FlowerChild, I can differentiate between the good apples and the rotten apples. No worries!!!
That's my biggest concern, too
The time clock - that's what I really want to know about. How flexible is flexible? Does that just mean you can pick how to split your shift but still have to be at your desk set hours? Maybe a current Transcender can answer that for us.
I understand that pay rate is case by case. A range would have been nice, but I suppose if they had said something like 7 to 9 cpl and you are offered 7 you may be mad since you know they pay others higher, so maybe they'll never tell us an exact scale.
I'm waiting to talk to HR before deciding on what to do. Pay is very important, but is still a secondary concern for me next to truly flexible schedule.
Your concern is 'not' unreasonable
It's just that no one on the board here can really verify one way or the other if there is a real problem. I realize you just want others to say what type of counter they use to see if another program squares with TTs figures or yours.
If it makes you feel any better, I have taken note of your concerns. If I spot a discrepancy I will let you know (after advising TT of course), but frankly - the amount of discrepancy appears to be just a few dollars. It took me a long time to find TT and overall they are a good company, so for 'me' it would not be worth arguing over - especially since they are adamant they are counting fairly...
It seems to me after all this discussion that the would immediately seek out and fix any true deficiency with the counter...
but then what do I know?
Does it concern you that everyone will have your email address?
nm
Your concern need not be coworkers. Work is not
x
Concern is HIPPA related
I guess they had some HIPPA violations when somebody wasn't cleaning out there clipboard. When I preview reports in MEDITECH, they look just fine. I don't know what to do ....
This doesn't concern me, I've got mine! nm
InHealth has had good & bad posts. Bad ones concern the owner. nm
s
It's in their contract, which they sent me. NM
.
Anyone know who has contract for...
Community of Ventura in CA...used to be M/Q but they lost it a while back and I loved that account, even the ESLs..worked on it for 5 years and I put out tons of work for them day after day....wish I could get it back....anyone working there?
If it's in your contract, yes... sm
I checked with my attorney a few weeks ago as I am going to soon be going to IC status. They can have you contract for a certain volume per day, completely legal. It has to be in writing. As an IC, you also are not guaranteed work, however, so if there is none, you're out of luck and $$ for the day. Unless of course you are lucky enough to have a clause in your contract that says you still get paid for being available.
They cannot tell you when you have to do those lines, but can tell you when the deadline for them to be done is. Most ICs I know specify that they can work Xday and approximately x hours or x lines or they contract to a volume per week, but hours are up to them as to how they plan to get those lines done.
I wonder how their contract
would hold up in court. Hmmm
Why? what's in the contract?
can't you be more specific?
Looking over their contract
I've actually been hired, I am just looking over the contract.
a contract is a contract...sm
and all its contents therein. Therefore, if it was NOT in the contract, that contract is void. Now, would you continue to work for a company like that?
MDI-MD CONTRACT?
As a statutory employee/independent contractor for MDI-MD do you have to sign a contract?
What does your contract say?
Isn't it usual to have to wait 2 weeks for the first paycheck? This also means that some day you will get a paycheck 2 weeks after you quit working there. Are you paid twice a month or once a month. You should have something in writing (contract) regarding this. Wherever I have worked and whether as an employee or an IC, I have always had to wait 2 weeks to get paid, so maybe you should check that first in your contract before you just don't work. If you are an employee, then you should have something in writing too that shows how this is handled. I also just noticed in your message that you submitted your first timesheet after working there for 3 weeks so maybe you get paid only once a month, which means you will have to wait till the end of September to see money. Just check the documents you have, and I am sure you will see something that explains this.
Did you have a contract?
That's something that should have been addressed in the contract. If it wasn't, you can do whatever you'd like to do.
I used to charge for keeping records as storage. Nuttin's free :)
Correct -- Got my contract right here ...
as a SE, MQ is required to take out FICA (SS) and can take out Federal taxes.
Individuals are responsible for state taxes.
Do you have a contract? If so, does it state
when you will get paid? If you don't have a contract get one. If it states you will be paid by a certain date call the MTSO and ask about payment. I'd give it one week after that and if no payment no work.
contract worries
they have a contract that has the wording saying they can deduct money from your pay for work that needs to be edited. I didn't like that so I didn't sign.
Unless you have a contract with one of them forbidding it, sm
buy all means you are free. Years ago, most of the nationals had ICs only and had contracts stating you couldn't work for one of their clients for a period of one year, etc.
If you are an IC, what does your contract state?
They can get into real issues with the IRS when they tell an IC what they are going to pay if it's a contract violation - that is treating you as a SE which affects the taxes they have to pay. So go back read over your contract and see what it says about notification of pay adjustments. Good luck - rotten thing to happen right before the holidays.
I had my attorney look at a contract also
I was asked to sign a really outrageous one.... not for Sten-Tel. I don't want to mention the company. It's hardly ever on here and I think I was the first and only person asked to sign one. Basically making me a slave with varying pay and other horrible things.
Didn't you have a contract with them? nm
nm
Yes, had a contract and filled out sm
a 1099. Received checks without taxes deducted. All of a sudden deducted taxes, and told me I was staying employee like it or lump it. From what I read on these boards, this company is always low-balling someone.
Have you signed a contract with them yet? sm
I haven't even set up a time to train yet but I just faxed my contract in this morning and I am supposed to get my lanier sometime next week. I guess I probably pestered her; I would rather say I was persistent : ). I had another company with an offer standing and I didn't have time to wait around and let the other one slip by in case things didn't work out. Luckily, they did and I am very happy with my choice.
I know they contract with Spheris. nm
xxx
contract not always honored . . .
This happened to me, after several times of not getting paid in a timely fashion, even adding it to the contract didn't matter. I was working for the state I live in!!!!! They paid me when they darn well felt like it. Just warn the others is really all you can do.
Pay schedule contract
It is noted on the labor board web site - if you are given dates of pay they have an obligation to within a reasonable amount of time to send payment - reasonable being mailing of checks - as an IC you are a business - notify them of what they owe - and tell them effective immediately late charges will be added. I agree contact all you can and send the bills to the credit agencies and have it on their credit report - they can be found on line. You are a business, what happens when you do not pay a credit card on time - you get late fees -sock it to them and get your money - stop thinking as if you are employee - you are IC - treat them as a payor who does not pay their bills.
My account is 40% per contract. Most are
pretty good though. They have 20+ accounts and I don't know what others are like. Two or three more counts are coming on-line soon.
Rely on your contract - you did have one - right? nm
nm.
there's nothing wrong with the contract
why don't you call and just ask them, they are always helpful and friendly at the Porterville office (not Bangalore). Yes, they do outsource - it says global right on their website. If someone didn't know they outsourced before they were set up with them then they didn't do their homework. If someone couldn't get their program off their computer then they didn't set up an appointment to have support take it off for.
Turned it down after getting contract...sm
There were 2 objectionable sections to me. One indicated pay for QA but on further questioning, there were no specifics given on what would be considered necessary for pay or how much it would be. The other was a charge for tech support. On further questioning, they indicated why and under what circumstances, but wouldn't put it in the contract. I wouldn't sign it since those 2 items were so vague.
I had a friend without a contract
She was charged for the IT guy setting her computer in teh amount of 100.00 or something like that. Sounds low, yeah, but the MT never even started working or for some reason there was no work. Well 3 months later, she gets a bill from the lady saying she had to pay this money. The company is a lady name Suanne at p.r.n. Transcription, I believe in Florida, so beware.
Just because you sign a contract
doesn't mean you have no recourse. I worked for a company as an IC and my contract said that I had 24 TAT, was responsible for my own equipment and taxes taxes, had to abide by HIPAA regulations or get terminated, etc. The company I worked for (very small less than 80 employees) DID NOT comply with HIPAA regulations and I have plenty of proof. I'm gathering all the information I can before I see an attorney and possibly the IRS. One gets tired of hearing look at your contract. What makes them think THEY can break rules outlined in a contract and get away with it?
I've also been looking into IC versus employee status (on the IRS website) and it is interesting reading. Makes me wonder if this contract was ever legal by IRS standards (something else I will be looking into). It's time the tables turned on these bullies. They need to realize that WE are the ones that make them money not the other way around!
Do not sign contract
Having experienced this personally, it can be anything from an inconvenience to a devastating financial blow and, by signing the contract, no leg to stand on when it comes to getting your money.
No, do not sign the contract.
Find another company. There plenty out there that require set lines, but as an IC you shouldn't even have to commit to that. The true IC positions are hard to come by as this field is abused as an IC. JMO.
This is negiotiated in a contract between
the MTSO and the Client. Where I work, our pay scale was adjusted to make us more competive with other MTSOs wanting our account (which is major). We went from a straight cpl to a tiered system where the more lines we produce, the more we are paid. Lucky for me, it was not a cut because I had not been there very long. However, the ones that were at the top of the range had a pay cut.
Read your contract.
If you are an IC, you should have a contract. MTSOs need to be able to count on their workers, ICs and/or employees. Sorry to hear that you medical issues prevent you from meeting the required production. Maybe you should find another company who can afford to be more flexible.
If the contract states that they will reduce your pay if production is not met, then they are free to do so. I've not heard of a company who does this either, but you may want to read your contract and make sure things are being handled accordingly. Additionally, they have the right to end your contract (as in telling you to hit the road) if you are not meeting the agreed upon production. Seems like they are still trying to be nice by decreasing your pay instead of terminating you.
my company does - it's in our contract
I can see their point. The MTSOs have TATs to meet. If you commit to a certain number of lines per day and aren't able to make that consistently, the MTSO may have to pay a penalty for late work or the MTSO may have to offer an incentive to its other MTs to keep the work in TAT. The company I work for tries very hard to make sure that we all have work, but they expect us to work our scheduled lines to keep everything in TAT. It's a 2-way street.
I worked for MQ before and they didn't give a rat's a$$ if we had work or not. Of course, we were expected to make up time if we ran out of work, sometimes sitting at the computer for 12 hours a day. At least the current company I work for is decent about missing lines due to low work.
I also know that if you worked in-house, you could only take so much time off before they'd try to fire you or make you quit. Have you looked other places that allow you to work more prn? I hope things work out for you. I can understand your frustration, too, especially in this economy.
Just because you sign a contract it does
not mean you should not be classified as an employee by the IRS. I went to a seminar about IC versus employee 15 years ago, as my mom was opening up a temporary nursing registry and we were wondering what to do. Needless to say, all of our nurses and techs became employees, even though we did not offer benefits of health insurance or vacation, etc. We still paid into Social Security, Worker's Comp, etc., because the rules to proving your are an independent contractor are very strict would not have applied, and we did not want to take a chance. Back then the IRS was realing coming down on the status, and it looks like they need do it again soon.
what does your contract state?
Since you're an IC, I'm guessing you gave a contract to the client, right? What does your contract state about flexibility in hours? Time off? Rates?
awarded VA contract for 1 yr plus..
A total service-disabled veteran-owned small business set-aside (SDVOSB), seeking medical transcription services at various VA facilities. The solicitation contemplated the award of a fixed-price contract with a 1-year base period and 4 OPTION YEARS. RFP at 6. The RFP established three evaluation factors: technical, past performance, and price. The technical factor was comprised of three subfactors--quality of offeror's facilities, key project personnel, and management capabilities and approach--which were of equal importance. The technical evaluation factor was more important than the past performance evaluation factor and, when combined, technical and past performance were equal to price. The RFP provided for award to the offeror whose proposal was determined to be most advantageous to the government, all factors considered.
doesn't our contract
hold any water here with MDI not Transcend as I work for MDI. I was also hoping that maybe some shift diff would come on board too as MDI does not have it now but it looks like that may be a lost cause now too. We make so little as it is already. I'm so tired of being looked at as a production person, how fast can you type, do you know the terminology, and oh yeah please be an English professor as well. ERRRR!
doesn't our contract
hold any water here with MDI not Transcend as I work for MDI. I was also hoping that maybe some shift diff would come on board too as MDI does not have it now but it looks like that may be a lost cause now too. We make so little as it is already. I'm so tired of being looked at as a production person, how fast can you type, do you know the terminology, and oh yeah please be an English professor as well. ERRRR!
|
