Does anyone speak legalese? From the MDI/Transcend purchase contract- sm
Posted By: Interpretation please on 2009-08-31
In Reply to:
I found this. Now it sounds to me like that means they possibly have a list of people they plan to let go? And they can let go the rest at any time? There was prior mention of MDI supplying T with a list of people making over $35,000. Would they be the peope on Schedule 6.11? The entire document is here: http://www.sec.gov/Archives/edgar/data/858452/000119312509183673/dex20.htm
Section 6.11 Employees.
(a) Purchaser shall continue the services of the employees of the Company following the Closing except for the individuals listed on Schedule 6.11 hereof who shall be terminated at or shortly following the Closing. Notwithstanding anything to the contrary herein, nothing herein expressed or implied shall confer upon any employee of the Company, any other employee or legal representatives or beneficiaries of any thereof any rights or remedies, including any rights to employment or continued employment for any specified period of any nature or kind whatsoever under or by reason of this Agreement, or shall cause the employment status of any employee to be other than terminable at will.
(b) Purchaser covenants and agrees that in connection with any decision concerning a Company employee’s eligibility for participation and vesting in any employee welfare benefit plan, employee pension benefit plan, or employee fringe benefit arrangement established or maintained by the Purchaser, the Purchaser will recognize such employee’s cumulative prior service with the Company.
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I love Transcend, I would not speak for everyone...
It's amazing the things people will say on these boards. There are a lot of happy transcriptionists at Transcend, and I get treated great. I love my job, get paid well per line and also get great benefits, including a 401-K match
purchase
Good for you!!! Any time any of my appointments come up, I will check first, and then cancel as well and tell them why I am canceling. GOOD JOB!!
Don't purchase anything.
Not sure if they charge you for leads or not, but don't purchase anything. You can check out places like www.transcriptionresource.com to find companies, and post your resume on the boards. Most of those work at home leads places are dead links to so called jobs. I found my jobs on this board. HTH Good luck!!
Yes, purchase (or have one built)
Yes, I would like to purchase one or if it is more cost effective to have on built I would like to do that. The platform that I use now is VERY expensive. If some knows of a company that can build one for me I would appreciate the info.
also, do you have to purchase your own pedal?
xx
wow, I had to purchase mine :(
/
Where did you purchase your software and
Where did you purchase Medbrain from? Tks. nm
nm
please dont tell me you that you were told to purchase that yourself too :(
/
You have to purchase a different "program" for job placement?
.
I purchase insurance independently so
nm
You say "No one would have told you to purchase that." sm.
Did it ever occur to you that maybe the person at Keystrokes DID tell her that and that they DID make a mistake.
My children are insured by their father and I purchase my
insurance. For vacations, I work an extra day a week for a twice a month for a couple months going into the month of my vacation. As for holidays, I usually work them. I look at it as being blessed enough to have a job at home where I can be with my girls and so if my usual days off happen to fall on the holiday, I usually volunteer to work 1/2 day, usually in the evening of the holiday so I can have the day with my girls and I work after they are in bed. Hope this helps!
You can purchase that insurance online. Just go to their website. You sm
do not need to be in a group.
You want to PURCHASE your own platform? Platforms are very expensive so
p
An IC might be willing to purchase equipment to dial into their system if they can. nm
X
$1000 toward the purchase of a new hybrid vehicle
It's a nice way for TT to encourage environmental consciousness. My husband and I are in need of a new car. Haven't made a decision yet, but we're definitely considering taking TT up on this offer.
did you have to purchase equipment for this service to work or do they supply - nm
x
Version 8 stinks. I would not do purchase anything to work for a company.
don't do it, unless they are paying you 12 cpl to edit the VR.
Tell them you can not afford it with the line rate they pay...he he!
Happy New Year!!
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.
Contract concern
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?
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.
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