IC or employee - sick of being taken advantage of?
Posted By: Susan on 2007-11-03
In Reply to:
AFter reading some posts regarding being taken advantage of and being treated like an IC by companies when its convenient for them and being an employee when its convenient for them, I must wholeheartedly agree. Therefore I decided to do some research and came up with rules as given by the US department of Labor regarding the definition of an IC. You will be surprised by what you read below. This is just an excerpt of a longer report. Perhaps next time a client tries to boss you around, you might want to show them this:
US Department of Labor Handbook
Part 1: Independent Contractor or Employee
Probably the main reason you became an independent contractor (aka consultant, freelance and IC) or want to, is to be your own boss. Unfortunately, some U.S. companies don't fully understand the difference between independent contractors and employees. Even among companies that do understand the difference, there are those that attempt to exploit the relationship, because it's clearly to their advantage to do so. The cheaters (and naive) misclassify workers as independent contractors, but still attempt to control them as employees. In doing so, they reap the benefits of both worlds, while depriving independent contractors of the very reason they became independent contractors in the first place: to be their own bosses.
- Companies are not your employers per se, but your clients. As such, they are not entitled to direct you in your work.
- Of course, your clients have a right to say what they expect for the rates they're paying you, but only as it relates to the outcome of the project.
- It's your right to decide when, where and how to get the project done.
HERE IS THE BIGGIE
****In other words, by U.S. law, an employer cannot classify you as an independent contractor, then dictate when, where and how you work, as though you are an employee. It's all about degree of control and independence. ***
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You can say that again. Never for the MT. I get sick of being taken advantage of for their benefit.
What I'm sick of is being hired as an employee...
....then after working for more than 40 hours being told, Oh NO we don't pay OT. Their further comment was that the MT can work as much as the MT wants, but just no OT will be paid. WHAT??? What would you do? Turn 'em in to IRS? Of course, since the time sheet can be doctored on their end, what chance would I have to win a case like that?
The advantage is that as an SE the
takes 7.5% out of your check and pays the other 7.5% themselves. So if an SE and an IC make the same amount of money in a year, come tax time the IC is going to owe more than the SE to Uncle Sam. An SE can still take deductions on work-related expenses.
Take advantage of...
the pauses the dictator makes. As he/she is pausing, you are looking up at what you have transcribed so far, reviewing it.
Try proofing a line backwards, from right to left. Don't read every word but look it over from right to left. Things will STICK OUT at you because your eyes and mind are not used to seeing the written word in this way. Looking from left to right is natural and you miss things easily. Try it out.
The more you practice, the faster it will get.
Good luck!
I'm so tired of getting taken advantage of
I thought I had what was a great position, with a good company, I loved the work, but had an instance where I had to request work not be sent to me for ONE DAY, and now my job is posted on the internet. Work was still sent to me, and I did it - but you know, did you ever try to sit and type with a 104 fever and a terrible urinary tract infection? I was sitting at my desk with tears rolling down my face - my husband came and asked me if I was crazy. I just didn't want to lose my job. Now, they're looking for my replacement. Maybe I really need to get out of this business ... there is no human component anymore. No one genuinely cares. Maybe I should have gone to the ER and had them put in a catheter and I could have worn a leg bag.
Oh well, thanks for listening. Back to work ... what a sad state of affairs.
I'm so tired of getting taken advantage of -
No, I've been getting 1/2 the work I normally get, so that's not it. I just will NOT continue to keep them within TAT and cover their butts if they're looking for my replacement. I'm not an idiot.
Administrative Advantage
Any info anyone has on this company would be greatly appreciated. I'm just looking to do some part time work to make a little extra money. I'm looking for the good, the bad, and the ugly. Couldn't find much in the archives.
TIA!!
The advantage to the MTSO is
having good coverage on multiple accounts. The advantage to the MT is having work to choose from on four different accounts. You see people on the boards complaining about their single account being slow - this is one way to address THAT problem.
I do about 7 accounts. It's to your advantage to do more than 2 or 3 (sm)
Trust me, it's a very short learning curve since they all use ExText as far as I know.
They ABSOLUTELY use it to their advantage! - sm
Back in the day, when all or most MT's worked on-site, MT was a whole 'nother job, and people who did it were treated like respectable human beings. But once the majority of MTs ended up at home, and INVISIBLE to both the employer and their fellow employees, it was far to easy to start taking advantage. Nowadays the majority of MTs most likely have never worked on-site like some of the more long-term MTs have in the past, and they don't even know what it was like not to be treated like an invisible piece of machinery. It is most DEFINITELY time for MTs to start to become involved in their own futures, if they are ever to even HAVE one in this field. We have to start squawking - LOUDLY. Our voices have to be heard not by the MTSOs, who will do NOTHING for us, but by hospitals, doctors, nurses, and unions, labor attorneys, legislators, and the average American citizen. The more people know about the degrading practices of the MT industry, and the larger the number of people that know it becomes, the better our chances become of bettering each of our personal situations.
Working at home is a blessing in many ways, but it has also been a curse in that it has kept us isolated from the doctors & medical institutions, our employers, and our fellow MTs. That isolation made it easy for the concept of sending American dictation offshore to gain a foothold in the US. We need to continue to network with other MTs including those still working on-site as well as at home, compare notes, companies, salaries, business & employment practices, ideas, etc. The internet is a powerful tool that may have robbed many of us of a decent wage. But if we turn the tables and use that tool in OUR favor, then things can change.
Has anyone worked for Administrative Advantage
Is there really an advantage to staying local? Most
It doesn't seem there's any more guarantee of stable work from local MTSOs than the national ones.
If you do want to stay local but work at home, also try Southern Transcription Services, located in Taylorsville, I think. They have a good reputation. Google them for their web site.
Administrative Advantage? Anyone know about this company?
I got a job offer. Please tell all good and bad.
That is what I would do. What is the advantage of Vista? There are so many problems with it.
There are wonderful instructions on the internet for repartitioning. I even did it before all the instructions were on the internet. Good luck!
You should have taken advantage of bonus all weekend - most did.
nm
The Advantage Transcription Service
Has anyone done any work for this company out of Los Angeles? If so, were there any issues regarding line/character count. TIA
That's the type MTSOs take advantage of, and
just too minjute and worthless to be paid what I'm worth, stand up for myself, or take a con-artist to court. (Hubs probably beats her, too.)
It should be "when I see people being taken advantage of" --nm
xx
The MT industry is taking full advantage of the
stick it to your employees, than when they have little time and no money to go out and find something else. Make those poor suckas feel darned LUCKY to have their pathetic little peanut-paying MT jobs.
You just KNOW, though, that someday.... SOMEday.... not tomorrow, or the next day, but EVENTUALLY ----- somebody is going to do a total boot-plant on their sorry a$$es.
That day will be a cause for celebration across the land.
Comparing figs & plums. Advantage/disadvants to
x
"chuckle" raise in 3 days, not to their bottom line advantage is it.
Hey gooble up this one if you like. Not me!!! I could understand if hourly, but we are not. WE are the one who lose already, learning there program, acct spec, formats, the various QA preferences, learn/get an ear for each dictator. We LOSE BIG TIME because it takes time for all that above stuff, we cannot just sit down and zoom off. Hey but grab IT see how the attitude is toward MT with 6 cents offer, it says something ya know.
Statuatory employee versus regular employee....
Can someone tell me the difference between a statuatory employee versus a regular employee? My company offeres IC or SE status....I am confused about whether switching over the SE would benefit me more than IC status that I have been for some time with them? What are the benefits and disadvantages of being an SE versus IC? Thanks for all of your help!
SICK!
What the ____? He sent you a picture - what a psycho!
Tell me more!
LOL, sick!
x
sick
They said they have sick time. What's up with that?
GET SIck, WHY DON'T YA?!
I think MT work is seasonal anyway....people will always get sick, but the time of year can affect how often and how quick people decide to go to the doctor. Plus, if it's surgery or other procedures, if people can plan when to do them, they probably haven't picked June or July - when many people are on vacation, or grandkids are coming to visit....
What is sick is that there may be SM
about 15 total people in the QA world doing this, but they hold a minimum of 30 jobs and it could be up to 50 jobs between those 15 people and that is just working for nationals!
For all of you QA people out there wondering where the jobs are, that's your answer. I wish these companies could cross-check with their competitors to match names, they'd be really surprised at what is going on out there.
so sick of seeing these ads....
It makes me wanna vomit after a good laugh. All these IC positions, stating you MUST work this. You MUST do that. I'm so glad I have 2 jobs that are true IC positions. Of course I need to work to live, and I'm not lazy, but other than that, I do what I want, when I want, and how long I want. I am asked to help if can-NOT told. I do not get threats of being let go. These companies make me so sick.
And I'm getting really sick of
some of the people on this board (some, not all) jerking my emotions around. I have a conference call looming on my schedule for less than 4 hours from now, and I haven't got a clue what it will be about. And after reading this board this morning I am all but sick to my stomach with worry that it might mean I have to start job-hunting all over again.
Me too, sick of getting ripped off by SS
on a daily basis. My lines at Softscript for the last 3 weeks since the server issue have dropped drastically. I guess they think we cannot do math and only type.
feeling sick too!
I just wonder how many people here are just here to stir the pot and make everyone feel sick and scared and paranoid about their jobs?
feeling sick too!
Actually, I don't work for OSi, but work for another National that is always bashed on here. Things are changing here too and not very positive things are being said about changes and I was just making a general statement about people who like to make others feel paranoid about situations. But, I'm trying to look at it this way, there are thousands of MTs employed by my company and there are only a few here who are doing the bashing, so I'm trying to stay positive, but still a little afraid!!
Universal sick day
Been reading the posts about having an MT strike. I agree with the comments about companies getting worse instead of better as far as paying IC and other transcriptionists. We should just have a universal sick day (just one day) and see what chaos this causes. May be it does not even have to be the whole day, just a couple of hours.
Anyone sick of Amphion??
I am sick of no work...I am sick of having to flex my time...I am sick of being accused of not making my line counts when they don't have work...I am sick of being a transcriptionist!
Sick of transcription
I, too, am SICK to almost being dead from being a transcriptionist, but being the only income for 4 people, stuck in the game.
SICK of this stuff
About TransTech! They are the finest people in the business. They would never do anything in a suspicious or ill mannered method involving line counting or anything else! One might suggest if you work more and post less you would see a better line count. It takes time to build up to a good line count, i.e. becoming familiar with the facility, with the authors, with the work types, building your word expander, and working diligently towards obtaining your goals, doing what it takes to achieve the line count goals you set for yourself, turning every stone in effort to achieve those goals before suggesting the line counts are not correct. If the ESL are difficult, look at samples, invest in becoming more familiar with their way of speaking English. As far as EXTText for Word Client/Transnet/Dictaphone, I love the software. Again from time to time, there may be issues, but for the most part, the software if very geared to good production for the MT. I hope that all who read the posts about Transtech will be mature enough to make your decision by your own experience and not the experience of others. I have been with TransTech for 4 years, and I am not saying everything is wonderful, we have our ups and downs which are almost always me and not them........but in all honesty they are the finest company with the best group of people I have ever worked with and for! Thank you for reading my 2 cents on the line count saga!
I'm sick of set shifts as an IC.
THEN getting constant IMs to work when I'm supposed to be 'off'. If you want me at your beck and call you better be giving me benefits!
So sick of oversears.
Thanks for the feedback :-)
This makes me sick
I gues they are no different than anyone else
Sick and tired
Vent away! At least those of us on this board understand.
you about making me sick....
You better be careful not to offend anyone who does clinic notes (and this is coming from someone who does acute care and clinic notes). People apply for positionS where they feel they will be quality productive. After all, it is quality these companies want from US MTs is it not? If you feel those who do clinic notes do not value their skill, you are very IGNORANT/ARROGANT!!!! Please explain who you are that you can judge an MT's smarts/skills by the specialty they do. How idiotic are you?? YOU MAKE ME SICK AND I REALLY HATE GLORIFIED MTs!!! UGH UGH!!
YOU KNOW WHAT? I am sick to death of your s/m
comments after every little post or question that anyone DARES to put on this board!
Yes, please go ahead and repsond in the most childish way possible (and I know you will, as that is all you know how to do, apparently). Obviously, after your continuous verbal abuse to almost every poster on here who dared to disagree with you (yesterday), you get your jollies off of belittling anyone you can get a hold of.
Now, if anyone else on here who is over the age of 12 would like to respond to this post in a helpful manner, please feel free. If you don't know the answer to my question, then just don't reply. Not that difficult, is it?
You, SIR, are immature and should move on from this board because you have nothing constructive to say whatsoever.
In all honesty, I feel sad for anyone (like you) who lives their life as you do on a daily basis. You must feel good about yourself each night when you lay your head on your pillow, after a day of insulting and berating. What an accomplishment. Get a life.
If you choose to respond in your usual scathing manner, please do. It will only solidify the opinion that many of us here likely hold about you. Here's your chance to really show all of us worthless and incapable human beings how tough you really are. The stage is yours.
For the record, I currently earn over 10 cents per line as an employee. Not a wimp, not weak, not ignorant. Sorry to burst your bubble.
Sick of nationals
Do not rule out larger private practices. I worked acute care for 13 years and then was outsourced. Then I spent 1 1/2 years messing around with Nationals and then found a position with a large orthopedic practice, 50+ docs. Very good benefits and I do work from home, though working from home was not an issue for me. With experience, these jobs are out there but you have to be willing to jump on them when they come up. Good luck.
PTO/sick time..sm
I know this is a dumb question, but I am considering testing for them. So, when you are sick or want to take off, you schedule it with your supervisor right? Then, it goes unpaid right? Are they pretty flexible regarding time off?
I guess if I need a vacation, I would need to save up money for it. How does it work for you?
Please excuse any typos.
I'm sick of psych
I'll email you my company info when I find another job...
sick and inundated
The person who does that has been sick and she is inundated with applicants. She is working through them. Please be patient.
makes me sick
What other industry would possibly be paying its employees the same (or even lower!) wages than they were paying 15 years ago??? I remember new employees getting paid 8.5 cpl back in 1995!!!!!!!!!
Using an inflation calculator: What cost $8.5 in 1995 would cost $11.90 in 2008.
Meaning that, without any raises for merit (yeah, a joke, right) the MT making 8.5 cpl in 1995 should now be making 11.9 cpl JUST TO BREAK EVEN with inflation!!!
A travesty for sure.
The big question is: Are you and other MTs sick
nm
Sick at Spheris. . .
Really, I think I'm going to have a nervous breakdown working here. Crappy platform (Cornerstone), poor management, lousy everything. Been here 8 years. Would leave if I wouldn't be retiring in a year (if I make it to then). Run away from this company if you value your sanity.
sick of Transcend
I cannot speak first-hand to issues at Transcend because I have never worked there and never will. However, a colleague of mine, an experienced MT of 30 years (and former MTSO) took a job there and quickly left. She said it was a nightmare and she is the kind of person who could handle anything. I was kind of surprised that she did not last but she told me that no matter what, never take a job there. That is just her opinion, of course, but it kind of scared me.
Also, I am sick of getting the NSA prompt, often
after being told things are getting better as far as work volume goes. I had to fight for a 3rd acct after WX lost 2 of my old ones. They refuse to assign a 4th. Why don't they just level with us? Being told this is seasonal is insulting and blatantly not true. I suppose they just overhire and could care less if we make a paycheck or not.
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