I had my attorney look at a contract also
Posted By: but not the Sten-Tel one on 2006-01-17
In Reply to: Oops, don't know why it showed - up twice (no message)
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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attorney
Honestly, i would sign, collect my severance, and get another MT job. They have NO right to tell you who you can work for and that basically you have to leave your trained profession for a year. You know the MT business you cannot leave for a year and expect to get any kind of job again.
get an attorney
Absolutely get an attorney and go to your state labor board. They can take it much further than you can. Do you have any idea who is doing this to you and why? Your employer is unbelievably short-sighted and your co-worker - I don't even know what to say about that person! Best of luck. I am so glad you have some evidence.
D is an attorney
Just as a piece of information. Of course, she'd tell you to serve on jury duty.
All these weeks/months that the MTs from MDI have not had enough have been during the preparations for this merger. D was just taking care of herself -- she traded you all in for her retirement fund. She may have always talked like everything was about family, but at the end of the day, it has always been about business. I'm not a current MT with MDI, but worked there long enough to understand her personality.
Best of luck to all of you!
Attorney D
Thank you for the reminder about D being an attorney. I had completely forgotten about that. For me, that fact explains her actions a little better...
NO, they cannot! I consulted an attorney about this.
The consensus is that no one can prevent you from earning a living. Noncompete clauses aren't worth the paper they're written on and can't be enforced. What are they going to do, taunt you about being a traitor? Tell them kiss off and talk to your attorney IF they ever find out about it.
About contacting an attorney - sm
I too would like answers because half a truth is worse than a total lie because you mislead with half the truth and do much damage. Please clarify these issues for us.
1. Why would the company go to all the trouble to pull this two-bit prank when they could just say good bye to you if they wanted to. You have been ranting to all of us on shift with you for months about how you have been mistreated and were going to sue the company and demand unemployment. You did not tell the good MTs here who are ready to take your side and defend your position that All Type has a 3 strike rule and that you have told several of us that you were written up once for failing to make production of 1200 lines a day and then spewing some pretty foul language in an email to a supervisor about them making you do OP notes and type ESLs and how that was not fair to you. It is an acute care hospital. That is what we do. Do you remember telling us about being written up for falsifying your time card? Honestly, that is pretty serious. If you were the one telling us that, i cannot even imagine what you are not telling us and what your personnel file looks like.
2. I have not seen anyone leave, voluntarily or involuntarily on our team in some time. So who are you referencing when you say a lot of people quit or were fired. No one stays at a company that is horrendous and unfair out of the kindness of their heart. Are you telling us you just felt sorry for the company and the management team you hated and stayed to help them out?
3. Evidently you believe that you are a very high caliber employee and MT. I would think you would be able to go anywhere and find a perfectly wonderful job. I know most companies are just begging for real talent. Unemployment is probably your only alternative because we both know that you are NOT capable of working in any acute care setting - and unemployment and legal sources are going to laugh you out of the offices if you tell them the truth! Even if you fail to tell them the real story, your history is well documented.
4. From all of the foul statements you have made about this company and their management for months and threatening legal ramifications if they mess with you - I wonder why you would want to be a part of a company that you have made clear to any of us who will listen how much you hate All Type and all of the management. I also wonder if you do not know that from the beginning when you started making statements to the rest of us about lawsuits - that the company most surely handed your file over to a legal team. I suspect the legal department has been involved in all of this for several months.
Good luck missy. I have worked with you for well over a year and your professional behavior and abilities leave a lot to be desired. You have been so disruptive that most of your team has blocked you from IM and we are all glad that your drama from 4-12 everyday is finally done. You should have been doing your job instead of driving us all crazy with your IMs and maybe, just maybe this company would have valued you. As it is, what goes around comes around and your cheating, backstabbing, and lies came back around to you. I salute Karma!!!
Not an attorney, but have 2 in the family ...sm
My son-in-law is a newbie lawyer who does have an interest in labor law and the like. I've had numerous conversations with him re. the MTSOs and all they're able to get by with. Regarding your post above, the difference is ASKING YOU TO and REQUIRING YOU TO.
In any job paying on production, if there's no work on your shift DUE TO NO FAULT OF THE EMPLOYER (and this does NOT include having sent your work to VR when you on a straight MT shift and you're out of work) they may REQUEST that you make it up at a later date - this must be a mutually agreeable time. But THEY CANNOT REQUIRE you to make up work at a specific time - they must pay you minimum hourly wage for your time in that case. 
Try the Attorney General's Office...
for your State. Worked for me and I was an IC. Got my last check. Good luck.
Disagree. One letter from an attorney
to their clients would change this picture...
They broke the contract first by not paying according to agreement; that's all I'd need to either contact the clients directly myself or pay $100 bucks or so to have an attorney do it for me...
Again, you aren't looking for payment by contacting the client, you are advising them in advance that you are suing their provider and that they should be prepared to turn over documents/be subpoenaed.
Or, just roll over and hope the company chooses to pay you. Whatever.
Have an attorney send them a letter with
a copy of your contract. Also, as poster below says, look for a new job.
No Texas and will be seeing my attorney tomorrow.
?
Update - saw my attorney and filed for
Two people at the unemployment office told me I have every right to claim unemployment. My attorney looked over my contract and apparently the owner didn't cover all her avenues and he found a loophole and told me to file. BTW - one of the ladies at the unemployment office told me they are seeing more and more MTs filing.
Take it to your Prosecuting Attorney's office
They will quickly act on it. She will pay or be arrested. If it is for more than $100, it is a felony charge.
The only way I got my money is by sending him a letter from my attorney.
Essentially, all I did was go to a lawyers office and have them send the guy a letter of the amount owed otherwise face legal action and the guy sent me my pay. Callstreet will tell you that they will pay these great rates and then when you do the work and in the time frame they want, when you see what you are ACTUALLY being paid is SIGNIFICANTLY lower. This is an Indian guy who uses anyone he can get his hands on and then screw them out of hard earned money. They conference calls are brutal to get turned around in an extremely short period of time and then to get screwed out of the proper pay is a slap in the face. He does the same thing to services he uses overseas, too. I've seen posts on an Indian website about this guy cheating them out of pay, too.
Also contact your state Attorney General
consumer fraud division. Contact the local TV station that has a department for such fraud and ask them to investigate. Once you go public, you will be paid. Best of luck to you.
I'm sure the attorney has time to "live on this board" like we do. nm
x
Being a small MTSO myself, the second attorney is correct sm
Honestly, here in the Northeast, the courts will not uphold any noncompete clause written in that manner, signed or not signed.
If it affects your ability to make an income and provide for yourself, it will not hold up in a court of law in the great US of A.
My attorney told me that noncompete clauses
are illegal and not enforceable because one person cannot stop another person from making a living EVEN if you sign that noncompete agreement. I went through it with both a pharmaceutical company and a transcription company trying to prevent me from working for their clients or competitors. I can see their point as an independent contractor when it comes to offering the same services and essentially stealing their clients. However, as a former employee, nobody can tell me who I will or won't work for. The second attorney is correct, and I would follow his advice.
Report to BBB, then contact attorney general's
xx
We all need to band together!!! And we DO need to contact an attorney. This has become CRIMINAL!
This is not legal!
Hmmm but interesting....will the attorney actually be able to find out WHO is posting?
I thought this board was secure and identities were not revealed????
call attorney general and do not work until paid
that is BULL
what kind of attorney did u all hire and in which state? What if u are spread
all over the US and there are like 8 that were not paid? Do we get an attorney in the same state as the loser who did not pay us? Or what is your advice there? What did u do? How much did it end up costing u? Plz reply via email if you want.
make complaint to your state attorney general sm
google.com you particular state attorney general and read up a bit. Here in California I know I have read things in the newspaper where Jerry Brown was investigating this or that and taking action, scams was one thing. Type up the problem encountered, find the website and send an email with all the facts (complete) so that enables a proper investigation. If nobody complains, they get away with it. They depend on people not knowing what to do, or feel, what is the use.
Here is a link for my state, can click the titles, they open
http://www.google.com/search?hl=en&source=hp&q=california+state+attorney+general+consumer+fraud&rlz=1R2GGLJ_enUS333&aq=3&oq=california+state+attorney+g&aqi=g6.
Contact the Labor Board, the Attorney General's office,
send them a certified letter with return receipt giving them 10 days from date of the letter to issue you your money. Be sure and keep documentation of everything.
contact the attorney general in the state she is in and the better business bureau and
call the local newspaper and something like ABC on your side. Put the heavy duty pressure on her.
Funny some of us were written letters by company attorney when we posted our concerns here
:(
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.
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.
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