I amend the contract or refuse to sign
Posted By: anon on 2007-09-17
In Reply to: No-Compete Clause - MT In A Panic
I've been presented with a no-compete 2 times. Both times when I questioned the employers for more specifics, the info I received from them went contrary to what the clause actually stated. (I think they had just copied it from somewhere.) I told them if they had a presence on the Internet, then their market was the entire world and that if I signed that contract as stated, it would mean I could not work for anyone in the world as a Transcriptionist for a year and there was no way I was going to sign that. Both times the employers they said they did not realize this. They just didn't want anyone stealing their clients.
I refused to sign each one until I personally rewrote that clause stating specifically that I would not pursue any of their current clients, especially the accounts I was on, for a year after leaving their employ and that if I pursued someone but did not realize that entity was their client, I would not be held responsible (since I was not privy to their client base). That was it. Nothing more. They were more than glad to comply and said they were glad I told them this and would amend that contract for future employees, as neither one of them wanted to prevent anyone from working.
I'd consider possible court costs if you take the severance and pursue work. They might not win if it went that far but you'd still be at chance for possible hefty fees just to get the case dismissed and end up with less money and more hassle. Your lawyer should be able to give you a figure on this.
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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.
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.
I was ready to sign the contract. (nm)
.
Yes, but the MTSOs have to sign a contract
That they will use all US MTs for Stanford's work. They likely are the top paying hospital in the country and for that reason I think the companies comply as this is one account they don't want to risk losing. They have dropped many companies in the past because they didn't meet their expectations. Stanford is a prestigious hospital and they want every aspect of that conveyed.
Did you sign a contract stating the amount
xx
when you sign a contract, you prove you are not an employee
if the company is looking for work done when they NEED it done, it is not called an employee.
Sorry to burst your bubble,but if they tell you what is expected and you agree to it, then you are contracted to do that work when they need that work done.
You all can argue all you want, but the facts are the facts. They do not have to use you as a contracter. They can find someone that is willing to do the work when the WORK IS AVAILABLE.
Your point is...? If I sign a contract to work a schedule...sm
...then I am obligated to work that schedule.
If I happen to get all my lines in during 4 hours, then fantastic for me - but if I have contracted to be on for 6 hours, I still need to be on for 6 hours. A schedule is a schedule.
I was just making the point that I do not have to actually punch in and punch out.
I must amend this see message
I'm not a doctor and I don't know you, so before you take the Benadryl read the box and talk to the pharmacist, as I wouldn't want anything bad to happen to you. I know I have used Benadryl and it is prescribed often as a mild sedative and it does work. I have had really good dreams after taking Benadryl. If you are taking some antidepressants they may not mix with Benadryl so you will want to not take it in that case. By the way, I am going to ask on this board about CyMed. They seem like a company that may care about their employees. They even offer time and a half during the first month to help you out as you get up to speed. I am awaiting their call to me. This week has just been so frustrating. I have been so angry and bitter today. Hopefully tomorrow will be a better day for both of us. Take care.
Oh to amend that, the way they were counting lines changed and they told me they could no longer
count gross lines. I was asking for 0.12 a character count line, whatever and however they come to that.
i wouldn't sign it, but cross that out and sign
the rest
Refuse? Ha! Ha! SM
I worked there for almost 2 years and there is no refusing mandatory OT. If they say OT, you work it. It was usually 1 or 2 hours a day.
If you would still refuse to get SM
your CMT after you've seen it's slowly becoming a requirement, then the only person who is keeping you from your livelihood is YOU.
Let's refuse to do it!
I have heard that companies pay the same whether it is VR or typing as well and I honestly think we should all just REFUSE to do it. If nobody does it, what choice would they have? They could of course recruit fresh newbies with no experience, but they would see quickly an MT needs good experience to correct and fix all of that junk that gets printed on there.
I refuse to allow a company to IM me.
I turn the stupid thing off when I am working because I do not want the distraction. If the boss has something important to say, then they can write or call, but don't think I was put on this earth so you can jot me little notes all day long.
I refuse to work on anything else.
Okay...once in a blue moon fill in with some FTP stuff but LOVE escription. :-)
You cannot live on that and i refuse to do it.
I have not done line pay ever and won't. Yes, I have bills to pay just like anyone else, but seeing my pay get cut because of the laziness of others (which I think is just an excuse--only a few I know ever abused hourly QA pay--actually not that many). Everyone I have ever worked with in QA no matter what company worked very hard. We worked together and I am telling you that if companies are giving you the reason that people abuse it, they are lying to you. They are just plain cheap and they found out that some companies got away with it so they are trying to do it. I said it on other posts, I hope they all go out of business because anyone who is worth their weight in gold will not take wages like that and the ones I know have all quit. We are trying to figure out what to do about it, but to be honest...we'd all rather do anything else but this in this industry that has no respect for any person alive.
If you refuse, you will find very little SM
work to do. They'll tell you it's because you won't do VR, plenty of work there.
if there is work and you refuse to do wm
it unemployment can refuse you also. They don't care how much it is per line, that doesn't come into play.
There is a line though where you can draw a partial check if you make more than a certain amount.
Bottom line is, just because a company doesn't pay what you want it to doesn't mean there isn't work and that is all unemployment is concerned with.
I think we should refuse to do VR for that rate and tell them to....sm
.....send it to India!
I refuse to work for any company that
insists you use their computer and YOU have to pay for it. I can't believe MTs companies to do this.
Why I refuse to renew my CMT certification
This is from http://mtindia.info/news/latest/heartland-information-services-spryance-inc.-merge.html
(see ALL CAPS in second-to-last paragraph)
Heartland Information Services, Spryance, Inc., Merge Written by News Editor
Wednesday, 15 November 2006
Combined Companies Create Premier Outsourced Transcription Provider Heartland Information Services has merged with Spryance, Inc., forming one of the premier offshore transcription providers in the United States. Spryance shareholders will fund the purchase of Heartland Information Services from HCR ManorCare. The new combined company will be marketed under the Heartland Information Services brand.
Headquartered in Boston, Spryance provides transcription service to more than 175 hospitals and clinics across the country, utilizing 1,200 MTs in India. Heartland’s corporate headquarters is located in Toledo, Ohio, with work centers in Bangalore and Delhi, India. By combining companies, the new Heartland will have over 2,500 medical transcriptionists providing service to over 200 hospital and clinical customers.
Dennis Paulik, General Manager of Heartland, will become the President and CEO of the new combined company. Raj Malhotra, CEO of Spryance, will become Chairman of the Board of the combined companies. Joining Mr. Malhotra on the board will be Gene Barduson, Chairman and CEO, Alteer, Inc., Dennis Byerly, former CEO Third Millennium Healthcare Systems, Inc., Mahendra Patel, formerly with DEC, David Beecken, Partner, Beecken Petty O’Keefe & Company, and Thomas Schleisinger, Partner, Beecken Petty O’Keefe & Company.
“Combining the two companies creates synergies that will add value for customers,” says Dennis Paulik, President and CEO of the new Heartland Information Services. “For example, Heartland provides industry-leading quality and customer support and Spryance provides capacity and scalability.”
“The Spryance investors, led by Beecken Petty O’Keefe & Company and International Finance Corporation, provide the financial strength and resources for the new Heartland to grow rapidly,” adds Mr. Malhotra, Heartland Information Services Chairman of the Board.
...
American Association for Medical Transcription, in association with Prometric, announced the Registered Medical Transcriptionist (RMT) credentialing exam – a newly developed global ‘level-1’ credential in the arena of Medical Transcription. This program is aimed at helping the existing talent pool to scale up and meet the global standards and quality benchmarks. THE TWO ORGANIZATIONS ALSO ANNOUNCED A SPECIAL 'INDIA PRICE' FOR AAMT'S EXISTING CERTIFIED MEDICAL TRANSCRIPTIONIST (CMT) EXAM (emphasis mine).
Medical Transcription is a booming industry with exponential growth prospects and opportunities for committed players. While globally the industry potential is around USD 30-33 billion, in India it is around USD 300 million. Currently, there are around 18,000 medical practitioners in the country and this is expected to almost double within the next 2-3 years.
Stay at Precyse and refuse or don't do ASR and
consistently on both your primary and secondary accounts. Then whatchagonna do? They're not real big on sharing work out of regions.
Agree. I refuse to sit around and wait.
My family started a new business last year and I am just waiting for our client list to build and then I am jumping ship. No need to wait around until the worm turns when I could be making good money now, not siting around hoping that I will make decent money 10 years from now.
They have a couple of travelers that absolutely refuse
to take an assignment if there is a drug test. Now I don't know about you, but to blatantly come right out and tell the company you work for that you can't pass a drug test and give you another assignment that doesn't require one ... TAKES NERVE AND BALLS! But they allowed this.
This one guy (yes, a male transcriptionist) would take the rental car from Illinois and drive back to Shreveport, Louisiana just to bring back pot! And then had the nerve to charge the hospital/company for mileage. AND THE HOSPITAL PAID FOR IT!
They refuse to deduct state taxes, if that's
nm
I absolutely refuse to take long tests.
Maybe one dss file, that's it for me. I'm finished typing someone's work for the day. I feel like you are actually doing work for free on some of these tests. They get your test, and then don't even reply back that you failed. I would almost bet they are giving you their overflow. Then all they have to do is QA it. I feel like if they get a backlog they say, hey let's put it as a job offer. We'll get bites, we'll have them do it as a test, and then all we need to do is QA it, and it is like they are getting us to type for free... 
I am with you and am happy to refuse low paying offers. However,
I know there are people out there who will continue to work for peanuts. I am anxious to see how may responses you get to your post. Come on ladies. Let's do this!
I absolutely REFUSE to send them feedback.
It takes way too long. I've done this in the past, and as you've also stated, nothing came of it. I won't give them anymore free time. Any time I have, I need to use for my job search.
I refuse to talk to offshore tech.I say bye, hang up
x
Even if VR quality does improve, if we refuse to edit overseas dictation, they will still... SM
have no choice but to keep the work here. Once again, we hold the key. Our destiny resides with us on this issue as well.
I find that people who refuse to say who they recruit for are frauds. Nonsense.
x
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 :)
I work for an all-US company and refuse to work for one that offshores. Best of luck to you. nm
nm
You know, I understand about this backup business. I actually have started to refuse backup
accounts because I fully well realize that after you learn it which could take a decent amount of time depending on how difficult the account is that it will also disappear so I have made it a point to usually refuse secondary accounts and for sure beyond that. I have just started to get a secondary JOB instead of secondary accounts because the name of the game is they are using you to run that account out and then on to the next one. I dont play the game anymore. If they dont like it, tough. Let them find someone else. Eventually MTs will just stop wanting to work there and they will get less and less qualified MTs as people move on.
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.
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