IRS is the final arbiter on this unless their ruling is taken to Tax Court
Posted By: TechSupport on 2009-05-15
In Reply to: Definition of an Independent Contractor - Stirring the Pot With a Little Cilantro
Below, you'll the link to the IRS page on this question. Paste it your browser. Or, follow the link at the bottom of the post.
As companies exert more and more control over the work, it gets harder and harder to see how most of them can take advantage of hiring people as ICs. I think the IRS has taken their eye off this ball in recent years.
One thing of SPECIAL NOTE: On this page you will find a link to a form called SS-8, which EITHER the company or the worker can file with the IRS for an official determination of your status.
It can take awhile to get this back, but in the meantime, if you're an IC you might want to ask your company whether they have filed an SS-8 for this determination, as the IRS recommends companies that use IC's file this form.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
LINK/URL: Employee or IC?
Complete Discussion Below: marks the location of current message within thread
The messages you are viewing
are archived/old. To view latest messages and participate in discussions, select
the boards given in left menu
Other related messages found in our database
Ruling Against DeVenture
http://bangordailynews.com/news/t/news.aspx?articleid=152854&zoneid=500
DeVenture Ruling
Deventure Ruling………
First I would like to state that there are 2 sides to every story. As far as the ruling goes? I don’t know, I wasn’t there. But, I can relate what was done for me by Michael DeVille and DVHP. First, I started for DeVenture in September 2006. In October of 2006 my father was diagnosed with pancreatic cancer. In November of 2006 my father had a Whipple procedure to try to buy him some time. He was then transferred to a nursing home for rehabilitation. During his stay there several horrible realities became quite apparent. They forgot to feed him the first 2 days he was there. Somebody didn’t put the order in for his meal trays. I put him to bed one day and when I pulled the blankets back, his sheets were soaked with urine. They never bathed him ONCE during his entire stay which was about a month and this place had a “wonderful” reputation. He was failing, not getting better. The only option we could determine was that I would move in with my parents to help take care of my father. DeVenture provided me with all the equipment to work out of my parent’s house (2 hours from our home office). This was not an easy feat nor was it cheap. Do you think that Mr. DeVille believed I could work at 100% while providing intensive care for my father? It was a bit of a gamble. I did the best that I could for my father and my company. Because I was “virtually” set up in every way, it was impossible to detect any difference between my working in the office or at my parent’s home. How many companies or facilities would back an employee like this? So…….my ruling is in favor of DVHP.
DeVenture Ruling
Nice theory, Einstein. Just a grunt like you. I asked the office to post it for me.
DeVenture Response to Ruling
I agree that it makes DeVenture look worse by posting a reply to all of this and defending themselves against something that is obviously wrong. The best thing they could do to save face is admit their responsibility and post an apology on this site. It makes me sick too. My guess is the owner doesn't have a wife/husband or any children. It's 2007 and women can work with new babies as well as they can without!! Get a clue and jump off your soap box!!!
Yes, if you did really well on the CareerStep final.
.
Ok, here is my final suggestion
would someone please apply and then post here what they REALLY meant. For 16 or 18 cpl, I could QUICKLY become a RAD MT with or without experience (everything is relative, you know). And if they upped it to 20 cpl, i would even take my C-phone and internet connection to Yorba Linda and work there!
So, I will be sitting by my IE just waiting to click on my MTStars link, click on Company Board, and find out that I can soon be making THE BIG BUCKS doing radiology transcription.
But let's just keep this between us, just IN CASE they only have 3 or 4 positions open, ok? Deal or No Deal?????
Final opinions about job offers
I have been offered as I stated below 2 positions as this point, one with Transcend and one with Softscript. Both have been very nice and responsive, and SoftScript has been very organized about sending sign-on papers and handbooks, etc. I also have the option since I only work part-time and have never run out of work of staying with the Q, but not being able to get a straight answer as to whether or not we will have jobs down the road. Softscript's pay is comparable and even slightly more than what I'm making now, and Transcend's is less, but that's okay if I'm going to have a job down the road. I have to make a final decision by tonight or tomorrow. Thanks everyone!!!
The physician makes the final
We are transcriptionists, not physicians. We don't make any calls. We transcribe what we hear, and they read the report and sign off. It's that simple. It always has been that simple.
No one here deserves the salary of anything more than what they get or make production wise.
Do you really think these MTSOs are charging a million dollars or what? They make money by bidding accounts and then sub the work out whether that be by hiring employees or by contracting with an IC.
I don't know where people come up with this idea that we are the bread and butter of these companies. We are the worker bees. Do a good job and you'll make some money. I make twice as much now working from home than I did hourly with benefits and the benefits were crap.
I can set my own tone. I transcribe to the best of my ability but by darn it if I can't understand what the dictator says, I leave a blank, and they fill it in. That's what transcription is about.
I need sample dictations with their final notes.
Hi,
Can someone suggest me a place to find a few sample dictations with their final notes, so that I could evaluate myself?
thanks
philips
Yes, I did e-mail Lee. Im still waiting for a final response. nm
nm
I meant I am the only one that is getting a final warning for not making
/
Do you get paid for grosses, then again for the final pathology? sm
x
Lawsuits? YOU are responsible for final product, sm
VR doesn't claim to put out a perfect product and never will.
No, the MTSO is responsible for the final product,
and when they give you a garbage platform and force you to fly through reports to make minimum wage, it's too easy to make mistakes. They know this & don't care, and THEY are responsible for the product they are selling. If your brand new Toyota explodes, you don't sue the assembly guy, you sue Toyota... so bwahaha to the MTSO.
I can't wait to make the final decision today!!!
I am sooooo tired!!!! This is exhausting. LOL I know SoftScript was very organized and already has me ready to go with signs and everything, but am still a little leary of them as far as rigidity and strictness. Transcend seemed a little more flexible, not that you don't have to follow your schedule, but they give you 90 days to get up to speed and Softscript only 30.
I have never heard of that....always waited until regular pay day to receive final check.
Any company I have resigned my position from, I just received my final check like usual on the regular pay date scheduled. No big deal, it was always in my bank when it was supposed to be.
course not, no $, no pay. But if it goes to court......nm
n/m
I saw this tried in a court
It wasn't an MT but an ER physician who was being sued for breach of his noncompete contract. The ruling was that he could not take any of his employers clients but according to the judge (Louisiana) to enforce the no compete to any greater extent would deprive him of his right to make a living. He also won his counter suit asking for payment of his attorney fees to defend himself. Don't know about other states but I would assume it would be pretty much the same. These suits never stop trying to intimidate us do they?
court
As you said you know this will not hold up in court. So sign the paper, get your money, and find another job. Honestly, I do not think they will be hunting you down for the next 12 months to see what you are doing. Obvisouly, this pay is not even covering 12 months of unemployement so what do they think you are going to do. It is not like your a cashier at Walmart (nothing wrong with that) just saying that you have to be trained in the MT field and tht if you went out of the field for a year you would have a hard time finding a company that would take you back. Please let us know what you decide.
I was told this morning that it is in the works, final paperwork signed last Friday. sm
My single coverage is only $184 a month. I do not know where you heard over $500.
When a hospital gets fed up with going to court
rethink if cheap is the way to go in the case of medical records.
It's no fun to go to court on malpractice cases and have inaccurate and incomplete records. You look like a fool and it makes it look like you are even more guilty than you may have been. I have seen it from the side of the medical affairs office and talked to the people who have to go off to fight the battles in the court. Trust me, quantity over quality is not what is needed and hospitals can't afford to lose too many of those cases before they lose accredidation. Then the ballgame is over.
You could try court reporting (sm)
...If you're that sick of transcription.
My sister does it and makes good money. I agree with the poster, above, though - there can be two or three people talking at the same time, some people could be hard to hear 'cuz they're really far from the microphone (a microcassette player you bring yourself). Plus it seems like double the work - you have to go to court and type on that little ShortHand machine (oh, and you have to learn shorthand), then type the stuff out in readable form at home. And you have to have a professional wardrobe to wear to court. Yuck; not for me.
She seems to like it, though. She does have flexible hours (it depends when there's a case going on), works from home but has an office base. She has to drive around to different court locations a lot (she might be able to deduct gas mileage). I think she's considered an independent contractor, with all the pluses and minuses that go with that (more freedom but more taxes, pay for own insurance, etc.).
As I said in my post, I would go to court
and swear on a Bible about the goings on. In fact, I have documentation and print outs to prove back up my statement.
And to clear the air, I am by no means a disgruntled employee. I definitely MADE SOME MONEY working at the company, benefits, etc.
So before you get on your soapbox, you really should read by post again. I said I was with Healthscribe. You are with Spheris - Healthscribe joined up with Spheris, but a lot of the same people are now running Spheris. Maybe they did change their line docking - BUT AGAIN, READ MY POST - I WAS WITH HEALTHSCRIBE AND AT HEALTHSCRIBE THEY DID DOCK THE LINES IF A Transcriptionist WAS SENDING TOO MANY REPORTS TO QA.
I do not and have not worked for Spheris.
court order?
Terri Davis is gone by court order? How? Why? Such dish!
Who's the businessman running the place?
More info is needed! Totally interested now!
I know of folks who have taken a company to court and won
but still has not gotten paid to my knowlege. If it is DT then hang in there....always have to hope for the best.
It is going to superior court. Can't wait to see what happens!
I was in total shock when I read this article. I also thought, from some of the posts on here, that they were pretty good to work for. Guess they totally screwed themselves now!
Email if you want the court papers.
All info for opting in is in those papers. Current employees cannot be fired for opting in.
My friend is a court reporter (sm)
and she was trying to get me into scoping. From my understanding, the court reporter does the stenographer, which then goes through their computer to turn their abbreviations into words. Then, they send it to the person scoping. That person then does all the profreading for them. My friend spends lots of time proofing, so this would really help them out.
Hope this helps somewhat...
Wish I'd chosen court-reporting! -(sm)-
When I was 25, my friend & I were both going to trade school. She chose court-reporting, and tried in vain to get me to take it with her. But no, I chose MT because it was faster and I could get a job quicker.
SHOULDA', COULDA', WOULDA' !!!!
If life were on videotape, I'd rewind back to that year and make the RIGHT choice this time. Too late, now - MTs are screwed.
could lawyers have gotten a court release? NM
x
Other than through a court order!!!! Never said the info was NEVER given out at all! nm
laskdjf
I gave notice and was told had to work final weeks in order to be eligible for rehire. Had no
:[
IC/Overtime Court Case in Texas
There is an 'opt-in' federal labor law case in the Texas courts naming a midwestern MT company as the defendant for nonpayment of OT and IC/employee status violation. If you Google full company names, the case will come up in the results.
Opt-in means that if someone wants to join the law suit they need to contact the defendant's lawyer or the courts. This information is public and easy to find. I paid only $0.64 online to get the legal papers filed with all of the contact information.
**** This thread is being locked. All replies need to go to email. ****
If it is a court case, then it is public knowledge
x
My court report provided the key to her software and
yes, you are IC and basically work for the court reporter. You work when they need you, sometimes weekends when they have rush jobs..without notice because they are not always notified by the attorneys until the last minute and you do HAVE to meet the deadline. Unless you are working for a trial court reporter, you are mainly working depositions. GOOD TO KNOW ABOUT THE ADVERTISEMENT. I think someone with transcribing skills can get into this very easily without that expense. By contacting court reporting companies, you can get the info on the court reporters looking for scopists.
Your point? They have to obey a court order. nm
nm
sign a release saying she wouldn't take Transcend to court ?
What is that all about? Is that true? Why?
ho ho ho but the hosp can play Russian Roulette w/going to court with
Those medical records became cheaper for hospitals how? When they go to court with those expensive incorrect records and LOSE, wonder if they think it was cheaper?
Take her to small claims court. Good luck!
nn
I hope you sued in small claims court! -(nm)
No, we did not give out information. No court order involved. sm
Obviously, TT was able to look at the information provided in the posts and determine who they FELT were making the posts.
No information has been given out by MTStars on this situation whatsoever.
Move on.
Moderator
Well, call a lawyer then. A good one. You could even get court costs paid by your employer probabl
d
|