How can it be illegal to require a hearing
Posted By: kt on 2009-05-18
In Reply to: It's definitely illegal... call a lawyer and you will see.........sm - rhiannon
test for a job that requires you to be able to hear the dictation. No different than requiring a physical (which could be used to check hearing, but not always) or drug tests??? Hearing well or not has nothing to do with age.
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Whole other can of worms...Illegal on company's side illegal, but (sm)
Retaliatory firing for contact with government oversight agency is illegal in all cases (Whistleblower's laws). It is hard, however, to prove retaliation because company can fire for breech of policy (working overtime when not approved, etc), can railroad you until you quit or they pick up enough nitpicky things to justify termination, or in most states for no reason at all (shaky if you've been to labor board). Whether reported or not, it opens a whole can of worms, and not everybody is going to be happy with the consequences (just look at the MQ saga). IMO solely, if OT is not specifically approved, don't work it. If you want to work it and not put it on your time, feel free (but that is fraudulent records if you're caught - again grounds for termination if anybody cares, which they usually won't unless under scrutiny by oversight agency). If you ask for and get approval beforehand, everybody's happy.
No, you are not hearing concern. You are hearing that
MTs are not sheep to be led to the slaughter. I am a CMT. It is wrong to force CMT status. Even MTSO owners for the majority are not certified. What next for them? They will be required to be certified or they will not start a company and they will only hire CMTs? Don't you see where this is leading? Hell, you can choose to abort a baby in today's economy. You can't even choose not to be credentialed? A slippery and dangerous slope here to be sure.
I praise these MTs who are willing to stand up and not shut up. AHDI and MTIA are no friends of the MT community. It's time we shut them up...way past time.
This is illegal if... sm
If you are an employee and do not meet the exemption requirements by the Dept. of Labor, they have to pay you OT if you have to report your hours. If you are salary this does not apply because you are exempt. But if you work more than 40 hours a week as an employee of any company, they are required to pay you OT at at least 1.5 your regular rate.
SHOULD BE ILLEGAL
That's right. If they pay you on production, then you should be able to actually see it for yourself, not go by what they say. They refuse, because they know what they're up to, and I agree that if it is illegal, it should be ABSOLUTELY ILLEGAL.
There was nothing illegal about it
They were telling me that they were letting me go - had given all my doctors to other MTs over a time period. So, when they emailed me - I just called the unemployment office, since they didn't need me any longer and filed. The particulars had to be hashed out between the state and KS - not me. I then went to work as an IC - searched for employment every week as required - and filed as was required. There is nothing illegal about it - but in the transcription field, there are many more IC jobs than employee jobs, thus the difficult job search. I am happy where I am now and - and I think KS might have learned a lesson - but somehow I doubt it.
That is illegal
You need to report them to the wage and hour commission and get out of there fast.
While same co. is doing something illegal and
x
They also don't pay for OT, despite it being illegal not to. nm
Nothing illegal about it, just not a very
smart way for the facility to set up the demos. Why would you think it is illegal???
yes it is illegal! They have set the sm
requirements for the job. The requirements they have set makes that an employee job and not an IC. Check out the IRS regulations. It says, you MUST, you MUST, please do not apply if you can't work these hours, etc. I take exception to the part especially where she says do not apply if you want a higher wage, etc. This kind of stuff is why the MT profession is in the mess its in.
I am sure she will get somebody who really needs a job but they are getting a raw deal and this kind of stuff perpetrates more of the same!!!!!!!!!
Actually, it is illegal
It is clearly not an IC position. According to the IRS http://www.irs.gov/newsroom/article/0,,id=173423,00.html
If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees. If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.
This falls under one of the three broad guidelines that are used to determine Employee, IC or SE.
According to Publication 1779,
If you receive extensive instructions on how work is to be done, this suggests you are an employee. Instructions can cover a wide range of topics, for example:
- How, when, or where to do the work.
According to Publication 15-A,
Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done.
It goes on to state that if that employer/employee relationship exists, it really doesn't matter if you call it an Independent Contractor position or not. The withholding must still be withheld.
If that prospective employer is advertising the position as an IC with no intention to withhold any kind of taxes, the way she has phrased the ad, saying that you must work certain days and certain times, she is breaking the law.
it should be illegal if not already! sm
They can give you a transcription test that will accomplish the same thing. This is nothing more than underhanded age discrimination. No hearing has nothing to do with age, so they should just give you a transcription test and leave it at that. If you can't hear well, you are not going to do well on the test anyway.
These companies hire MTs who don't know what they are doing all the time. New folks coming out of school with really no training and they produce a really bad document and that has nothing to do with their hearing..
Im telling you this hearing test thing is just a subtle age discrimination thing.
to "Sick of hearing it"
This stufff does NOT go on in all companies. I think the major problem here is with the QA person and the practices OSi has. It is not with other employees, because for the most part all of the OSI employees on most issues except those that are "brown noses" and by the way if you don't want to hear this stuff on here, dont come on this BOARD. Simple as that. "kiss-up,, kiss-up some more"
not hearing back
This is positively not true! When hired all MTs are told the process of hiring, and what the next step is. In the e-mail that is sent out by the office, the AA specifically outlines what the next step is. It takes a while to get IDs from some accounts, and people are informed about that from the very beginning when they are hired.
Please before you post get facts straight, and if someone has not been contacted, then they need to call the office and ask for the HR Director, she will contact the appropriate person to help with any problems.
I would be interested in hearing as well...(nm)
xxx
Also, the ones I am hearing back from are
to start, and many not paying for spaces or anything. It seems like the more a company wants from you, the less they want to pay, I've noticed. If they have a bunch of restrictions in their ads, you can bet they pay crap.
What's up with that?? One ad stated no this, no that, must do this, must do that, must have this, must have that, must purchase this, must purchase that. Then I finally heard from them, tested with them, and after all this and that, they were offering 6 cpl. Yeah, right! lol
Know what I told them? I told them that I believed my 17+ years of experience were worth a whole lot more than 6 cpl, but good luck in their search.
hearing loss
Because of recent events, I am pretty sure I have developed some tone deafness. I am going to have it checked out, of course, but feel frightened about my future as an MT. I'm not young! Wondering if anyone else has faced this and what happened. Is there special equipment we can use, etc.?
hearing problem!!
I have developed a bit of a hearing problem and finding it hard to distinguish sound-alikes. I was wondering if anyone works with a hearing problem or uses some sort of hearing device and what kind, where to find it, etc. I'm more than a little worried here.
hearing problem
Don't give up yet. Ditch the transcriptionist-type headphones and get some good stereo headphones or even a cheap pair from big lots. The difference in hearing will amaze you. They all vary immensely. I don't have a hearing problem but did have an external noise problem with a now-ex-husband and Aiwa Noise Cancelling headphones made the marriage last an extra year. Now I go to Big Lots and experiment with alternative, smaller, lighter, any kind of headsets and have found some really great quality headphones for about $1 to $2. They may not last long but who cares. You will never go back to Transcriptionist headsets. I still use the Aiwa headset for dictators that whisper. Got those on ebay for $20.
Hearing back from
You will get a call from them if you pass the test. Otherwise you will not hear anything. That is what I was told by them. Supposedly many happy MTs there despite the very low pay.
I LOVED hearing this!
And I love the idea of people being made to pay for their own foolishness and cheapness! Serves him right!
But, what makes VR seem like a good idea is that when it does not need to be on constant life support and works just a LITTLE better, an employer still gets our expertise as editors for a fraction of what we used to be paid as MTs. And many of us believe the propaganda put out by our MTSO that, sure we'll take a 50% or more cut in pay, but be able to do 3 times as many lines, so the switch will be a GOOD thing and bring us more money. They have to try to sell us on the win/win scenario because otherwise nobody would give it a chance.
Not hearing from supervisor
I do not hear from my supervisor unless she has made a change to the account specs and is letting me know about it or if she needs me to switch accounts. I like to be left alone so I can do my work.
hearing test?
I'm deaf in one ear all my life. I've been an MT for 25 years, have never had any problems except the kind every MT has when there's static, crackling, background clanging, etc. I've never had to take a hearing test for a hospital job or one for a national. I've had a couple of hearing tests on my own but I have sensorineural loss and a hearing aid doesn't help. I just always wanted to be able to listen to music via stereo but I'll always be monaural--music still sounds great to me.
Asking illegal questions
No, they cannot ask what they want to. You imagine incorrectly. One should never put down one's DOB until s/he has an offer, or give a SSN until the offer is made. Similarly, they cannot ask questions regarding health and disability until they have made an actual offer. (Cf: Americans with Disabilities Act of 1990), so no, they CANNOT ask whatever they want--or if they do, you have a cause of action with the EOC.
Illegal questions
Somebody should tell this to Sten-Tel because both SSN and DOB are on their application.
But its illegal to tell IC they cant work wherever they
x
Wonderfully illegal
Working OT and not getting paid for it is illegal, just ask the suits at MQ.
i don't think volunteering is illegal and
there are a lot of unpaid internships available for other things to learn how to do the job, why not mt'ing.
Probably not illegal if you are told
x
It is illegal. If she needs someone for a certain shift,
then she needs to hire an employee, not an IC. I don't understand why people don't report these companies.
If what they're doing isn't already illegal,
*
cause I am sooo sick of hearing (sm)
whining and griping and complaining about the same old same old!!! That's why! And if it agitates YOU to think about finding another flippin' job, then so what! I really don't care! I say, if your job stresses you out this much, it is very easy to look elsewhere. There are only TONS and TONS of other places to work, so...find another J-O-B! Simple as that! And quit yer whining, why don't cha? 
Anyone else sending out resumes and hearing nothing?
I have 16 years in the business and 4-5 years editing experience, but am just not hearing back from companies advertising on the boards. Maybe they are receiving 100s of resumes...or is it just me? Anyone know of a company looking for an editor, please email me. Thanks!
And they are giving me hearing loss
their cell phones go off, they are right next to the dictating phones and they do not know whether to answer or call back, you can tell they are picking them up and looking because you are getting an ah, ah, ah and then leaving something electronic close to the phone because all of a sudden we have this horrible loud screech in your ears. My hearing is sensitive!
so sick of hearing that excuse
Heard this for YEARS from KS. My gosh, how many staffing changes and recent growth is a company gonna have? That is always the excuse when there is a problem at KS. News flash..... we know KS is not perfect. it is obvious!
Try a Boostaroo. I am hard of hearing and that little
you plug in your earphones, then plug the earphones into it. It boosts volume 50%.
oh get over yourself. sick of hearing your rants.
x
You're probably not hearing back
because you're not available on a weekend day, which all companies want you to work. There isn't enough work to go around for a Monday through Friday day shift.
2 years, and we're just now hearing about it?
when my job was outsourced after 17 years of loyalty and crap pay hourly.
I make way more now! Way, way more!
Union - thanks but no thanks.
Why don't you start your own board with this line of bull and see if it flies. Give us the website where for 2 years this has all been in the works? If it's so great, it should be public information right? So we can sign right up? No dues?
Any good companies who might be hearing and
for a new company, but really want to apply only at ones who use voice recognition as opposed to straight transcribing. I love ASR now, and that's the only reason I've been staying at my current job. Are there other companies who use ASR? Thanks for any leads.
Hiring! Not Hearing! I'm so humiliated.
sorry about that. heck, it's not like I transcribe for a living. How stupid of me.
o.k., BUT very good hearing is very important
in this job, when everything goes through headsets.
That's so illegal. I wish the government would come down on these companies. nm
x
Isn't it illegal now for an ex-employer to bash?
Fed up with illegal immigration and outsourcing?
Subject: Victim of Illegal Immigration? Help 9/11 Families for a Secure America
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From: Anne Manetas, NumbersUSA |
Date: 25JAN06 2 p.m. |
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NumbersUSA is forwarding this request from the 9/11 Families for a Secure America (9/11 FSA) on to you. This is not a NumbersUSA effort, but do ask that you contact Caroline Espinosa caroline@numbersusa.com on our Hill staff if you would like to us to forward your information on to 9/11FSA.
Please also note that their request that, although they recognize so many Americans have felt the economic impacts of illegal immigration, they are not looking for victims of economic crimes.
We are forwarding this request on to you because we believe it can be yet another tool in the Senate battle this Spring. As you know, the Senate is expected to consider an immigration bill next month or early March and there is great support for some sort of guestworker or amnesty program among many in the Senate. We are exhausting every avenue possible to block any sort of guestworker/amnesty program and ensure a strong, enforcement-only final bill.
-- Anne
MESSAGE FROM 9/11 FAMILIES FOR A SECURE AMERICA
Fellow Immigration Reform Activists:
WE NEED YOUR HELP,
Below is an open letter to Congress which we will distribute at an appropriate moment in the lobbying effort for the Sensenbrenner-Sessions Secure Border Bill. Note from NumbersUSA: This is the bipartisan H.R. 4437 that was passed by the House in December and will eventually go to Conference with a yet-to-be passed Senate immigration bill.
We are interested in obtaining signatures of as many people as possible who have themselves been the victim of any form of crime, or whose relatives have been the victims of crimes, committed by illegal aliens or illegals who have been granted legal status. Included are street crimes, terrorist acts, car accidents, etc.
If you or a family member was the victim of such a crime please consider adding your name.
If you know such victims or their families, please ask if they would add their names.
In order to give this letter the greatest possible impact we do not want to include victims of economic crimes. We recognize the horrible effects of losing one's job or neighborhood to illegal immigration, but we do not have the resources to collect and verify signatures from such a vast number of people.
Regards,
Peter Gadiel
YOUR PERSONAL INFORMATION WILL NOT BE DISTRIBUTED
Although 9/11 FSA is asking for the name, hometown, and phone number of victims, they assure us that hometown and phone number will NOT be released to the public.
If you would like to get in touch with 9/11 FSA or have your name added to the list, please email Caroline Espinosa in our office caroline@numbersusa.com and let her know. We will not share your personal information either.
OPEN LETTER TO MEMBERS OF CONGRESS
VICTIMS OF CRIMES BY ILLEGAL ALIENS
OPPOSE AMNESTY OR GUEST WORKER
All those who have signed their names to this letter are victims of, or are relatives of victims of, violent crimes committed by illegal aliens.
The victims and their families have seen their lives ruined by murders, vehicular homicides, terrorist acts, rapes, stabbings, gang related crimes and many other violent acts committed by people who were illegal aliens. Some of these crimes were committed by former illegal aliens who, having been granted amnesty, repaid the generosity of the people of the United States by brutally violating our laws.
For these reasons we wish to make clear to all Members of Congress that:
1. We are opposed to any form of amnesty for illegal aliens and to any guest workerplan. Specifically, we oppose the McCain-Kennedy AND the Kyl-Cornyn amnesty/guest worker plans, and the draft Specter plan.
2. Experience with previous amnesties shows that many American citizens will be the victims of crimes committed by those who have been granted amnesty.
3. If any form of amnesty or any guest workerplan is enacted into law, whenever an American citizens is injured by the actions of any person who has been granted amnesty, we will communicate with the voters of that victims state of residence and Congressional district to remind them which Members of Congress are responsible for allowing the perpetrator to remain in the USA.
4. American victims of violence committed by illegal aliens will no longer tolerate the lies of the US Chamber of Commerce, the ACLU, LA Raza, the Ford Foundation and others who claim that illegal immigration is a crime WITH NO VICTIMS.
There is a direct link between your vote on amnesty or guest worker plans and the security of your constituents. The signers of this letter dedicate themselves to the task of insuring that all Americans understand that link.
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Solution for their ILLEGAL activities
The next time they call me to work on my day off I will do so and I will record my hours knowing it will put me in OT. When they yell about it and say OT was not approved in advance I will document by email or phone call that I was asked to work and if they refuse to pay me OT I will definitely report them. They have already been reported by at least 2 other people with documentation. They will either cut the BS about not paying OT or they will see the feds.
That's illegal - an IC cannot be made to work sm
either a schedule, a set number of hours, or mandatory overtime.
seriously - how did you get the word illegal out of that? post does not say tha anywhere;
nm
No illegal? What about fraud applying for job with
x
It is illegal to ask if she is preg before hiring. nm
.
Legal or illegal Mexicans? Although from your...sm
prior posts it seems to me you don't give a care either way. That, along with your carefree attitude about foreign entities make me feel certain that you are one of millions of people who are gladly giving away, piece by piece, our nation. That just utterly sickens me, but oh well, you got your pool fixed and your house sold so what do you care, right?
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