My state allows it after 2 weeks, with an "official" lay-off from employer
Posted By: KentuckyMT on 2008-02-03
In Reply to: When do you file for unemployment? - Nowork
No one has to say you're unemployed, you just have to be without work. Check with your local unemployment office and see what your state's laws are.
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If you are employee and have state taxes, your employer should take out.
I reported a company to my state, who clearly defines on their internet site that if an employee lives in our state yet works for a company in another state that might not have state taxes (for instance, Florida), the company in Florida HAS to comply with taking out state taxes.
From what my state told me, they fined the company heavily for not having deducted state taxes. Check with your state first and see what the law is.
This only applies to employee though.
My state has it writtin in their code whose responsibility it is. It is the employer.
I just refused to do it as an employee. After the second year and my written explanation of why I did not do it (being as the employer refused), they sent me back a refund of late fees and told me that they had found many employees in Virginia with the employer I am speaking of and would be going after the company in question. How long it takes them is another story. I hope they get them because they deserve it.
It might not be the law in every state, but it is in mine. It is clear and on their books. I provided the company with that law and they paid no attention.
A good employer will follow the law and have state tax laws in place. I have never had a problem with any other employer from that state, just them.
I have never had a problem with an employer withholding state taxes except with one
employer. They say they do not have to but my state says they do. Just the fact that my state sent me back all their late fees because I refused to do the job of the employer tells me I was right in waiting to pay until tax time. That brought it to the attention of my state. I can't wait to see the get the penalty and interest my state will charge them. I know it will take some time for the state to research how many work in my state (and I know at least six minimally), so I will just sit back and wait. My state does not give money back to you readily. LOL High state taxes so when you get your late fees back, you know then the employer being fined is only a matter of time.
Contact Labor Board in Employer's State
I believe it can also be handled by e mail. However, by the time they get around to helping you, the lines you speak of should be on your NEXT paycheck and they will say there is no harm done. The company may have a valid point if the lines are not counted until they clear QA (???) but I would definitely make sure they are on the next paycheck.
It is always okay to not give 2 weeks to an employer who is not paying you.
By not paying you, your employer has broken the employment agreement. My husband runs a small construction company and begs, borrows, and lets his bills go unpaid before he EVER makes his employees wait for a check. They are also paid immediately following a payperiod, not a week, or 2, or when we decide to get a check in the mail.
I was in this situation with my last employer. I did start to e-mail my supervisor that I was not working until I was paid. Of course, that ended up cutting off my nose to spite my face, so I went job hunting.
Lastly, from a business standpoint, if your employer cannot go to a bank for a short-term note to cover payroll until their payments come in, you are on the verge of a huge problem. Our credit is far from perfect, even including a bankruptcy 6 years ago, but my relationship is good enough with my bank if I went in and asked for an emergency operating note, we would get it. If your employer cannot or will not do this, it's time to find a more stable company.
Oops, I meant WITHOUT an "official" lay-off NM
nm
Unless something has changed, health insurance rates vary state by state, so we may not have the
info you need. I'm an IC so I don't have benefits.
You are correct. The state that rules is the state the employee lives in.
My state laws has is spelled out in their Code. If another state does not withhold, they are fined heavily and if they don't withhold for years, their fines are pretty bad. I worked for a Florida co that did not withhold income tax for my state even after I brought it to their attention in the state code. They kept saying that they would eventually and never did. After two plus years and when I left, I made it known to my state all the conversations, the state refunded me all late fees they charged me and then said they were going after the company in Florida because they had many employees in our state. They deserved it. They knew better.
The state you live in or the state where the MTSO is located? nm
nm
Yes, they offer I think 4 weeks at full pay or 8 weeks at half pay. Call the office
and talk to them about it. You wont lose your job. They aren't like that.
If company is in state that has no state taxes
they are not required to take out state taxes. It's enough to keep up with your own state tax law code, could you imagine having to stay abreast of 49 other state tax codes? The cost would be huge and ultimately passed on to us by lower line rates. Regardless of who owes the tax, someone has to pay it. Just a matter of convenience I guess.
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.
Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
Different state to state. You would be surprised to find
IC can be defined differently state to state. Even the IRS cannot come up with a definitive set of rules. You would be surprised how many ICs actually get unemployment in some states. If the unemployment claim form asks specifically if you are an independent contractor, do not lie, but if it does not, do not volunteer it. Let the company prove you are a true IC according to the rules of your state. All you lose is a few minutes filling out the claim form. I would only do it as a last resort. If you can find work fast, by all means go for it, but the way things are now with all the VR and off-shoring, it is a backup if you cannot find work. No one should go hungry because they are afraid to file for Unemployment as an IC.
They should take out state taxes for the state
nm
It varies from state to state
nm
Varies from state to state
My own state recognizes partial unemployment, too, when your work gets cut down to half of your regular workload/income.
They must deduct FEDERAL taxes.. NOT STATE taxes.. if they took out state taxes.. it would be FLORID
which would only have to be refunded to you for you to pay YOUR state what you owe them which is nothing but a pain... be glad they weren't handling your state tax.. and I think in this case.. if someone at the IRS told you they have to deduct YOUR states taxes.. it is that person who is uneducated... they only have to deduce federal income tax
Sorry, that should be employer!
NM
If I were an employer
and observed the way some of the people behave on this board. I think I'd be giving psychological tests as well.
As with any employer..
They expect you to work your shift. If you want a schedule that is flexible, become an IC.
You need to ask your employer how they
count lines. Vary from MTSO to facility. Everybody is different.
No. If you are an IC your employer does
not withhold anything, you are totally responsible for federal and state and SS taxes. Most companies pay the IC a higher rate than employees because taxes are not withheld.
They are an at-will employer
and if you can't do x-number of lines in an x-amount of time with 98% or better accuracy, 40+ hours a week on a strict schedule, don't even bother. You can just imagine the kind of accounts they have.
No, this they cannot do, not an employer,
this is discrimination.
Health insurance company operate like that.
Do you ask your employer's permission to do everything
in your life?
I don't. I did what was best for me.
They purchase my skills and expertise from me while I am on the clock for them. I don't share their secrets with the enemy nor vice versa. I have maintained my quality and production the entire time I've worked for them.
I don't ask for permission before I go do what I need to for my household.
You're right. MQ doesn't seem to have a problem with it. Spheris would not feel the same way, probably.
MDI is very good as an employer, think they
have IC status but not sure and also may have SE status. They are flexible as long as the accounts stay in turn-around time. They are good to work for. I have been there since 3/2004, started part time, went full time in 05/2004 after I tried them out to see how I would like it.
To tell current employer or not? SM
I am currently looking for a new job. I love it where I work now, but need benefits and they do not offer them. On applications they want to know if they can contact current/prior employers. I certainly don't want to put no (as I'm quite sure that would raise a red flag), but I just worry how my current employer will react if he gets a call from prospective new employers asking about me.
Should I write my current employer and explain why I'm looking for work rather than let him be shocked to get a call out of the blue? Guess I already know the answer, but am so worried. Would hate to burn my bridges if the new job doesn't work out. Ugh...I sound terrible.
What would you do?
Thanks!
By all means ask. I have and my employer was
They want you to be as productive as possible. If you're not producing lines, they aren't billing and receiving for them either!
Do you always believe what your employer tells you?
I worked for a local company and transcribed university hospital and VA reports. The company was pretty busy - 100 MTs across the country and the owner whined all the time about how he couldn't make ends meet and couldn't pay MTs more - blah, blah, blah - but I certainly never got any tissues out during these meetings. We found out from the bookkeeper later that the company charged and got18 cents per line and that was 6 years ago. Then he increased his charge to a large account the next contract bid and lost it and and didn't have the guts to lay off by senority and just let everyone keep working with promises they were seeking new accounts that didn't happen very quickly at all while we were all out of work and scrapping to find what we could. It is called GREED.
been there, done that - on the employer side..sm
not a lawyer, and not MT environment at that time. Did briefs, etc when working as secretary in legal dept of company (factory type/employee paid piecemeal wages for on-site work). Unless you can prove the time card was fraudulently filed (the hours were not actually worked), the company is responsible for payment of the OT. The advanced approval is not part of the law, only of the company policy. The company's recourse is through discipline for failure to follow company policy, but cannot withold pay. The laws have been tweaked some since then, but not to that point.
If you are IC, the company is NOT your employer.
x
Best employer who provides equipment
I may be changing jobs soon. I will spare you the gory details of why. Anyway, can someone tell me who you consider to be the best employer? I need one who provides the employee's equipment. I am also looking for one that does not offshore, pays well (I have 25 years experience), good insurance, steady work, minimal ESL, HOPEFULLY DAY SHIFT OPENINGS M-F, and let's see, I guess that would mean I am looking for the perfect employer! Opinions invited!
As long as the new employer does not
contact them, and you can request they not, how would they know??
If Transolutions is not your employer
I don't care what location your talking about. Transolutions in Illinois advertises they do not outsource. The connection to India is clearly the company in Illinois.
Is that employer's initial FI? nm
nm
Depends on who the employer is ...
and if it's okay with them ... signed confidentiality agreements and QA issues can make this a deal breaker.... not to mention income reporting for the IRS ...
You MIGHT be able to act as a and MTSO or subcontractor ... but I'd check the fine print of YOUR contract. I've known of people who did this -- usually an older MT mentoring a newbie family member with 100% QA on all work -- but problems with keeping within TAT and, I think, the requirement to use a very very basic platform in which overlap of login/hours/senders would not intrude ... might work, but might not be worth the effort.
Doing such a thing behind an employer's back is a gonna bite you in the butt move for sure. IMHO there's a fairly strong likelihood you'd get caught, so get it okayed before you try.
The IC who works on an employer-SM
directed schedule and is required to ask for time off and other things only employees do is the same as the person who wants to come in and do transcription for 4 cpl. It DOES impact the situations ICs can find in the future - the first thing the MTSO says is **well, I have ICs who work the schedule I tell them to and if you won't I'll find more people who will**
eTransPlus is my employer (SM)
and they do not have any VR accounts. Sorry about the confusion.
From what my employer says, the 50 have to be within so may miles of one another
Yes, there have to be 50 but they have to be within a certain mile radius before we are eligible for FMLA. It really doesn't count for home MTs if this is the case.
Let me get this straight. Your employer
sold out to a company who offshores to India, and now you may well be going the route of Cbay, Medquist, etc., with all your work dwindling & being sent to Indians, and YOU feel guilty? That's absurd. I have no sympathy or loyalty or appreciation for ANY company who sends our work overseas, sacrificing patient safety for the almighty buck and thereby screwing over American MTs.
3rd largest DOMESTIC employer
Besides MedQ and Spheris, who else has 750 domestic MTs? And to answer your question before you ask; yes, CyMed really does have that many. I work in the corporate office and they've been stuffing envelopes for employee Christmas cards and gifts all week. (Finally getting them out the door on Monday.)
that employer requires employees not to say anything on the
.
Any employer who is late or gets the pay wrong better think twice
about what they are doing. If you think word does not get out, it does. The statement this poster made about paying well rings true. I know several people who work for one very popular MT service that is supposed to pay well who never get paid on the day they are supposed to or the pay is always wrong (this service is not mentioned in this thread) and their reason for staying is that their pay is so good. I say ditto what this poster is saying. If you have to pay late fees and such what good is good pay? I know a couple of people who are always worried about whether they are going to get paid on time and if it is, if it will be right. There is something wrong with this picture and no, I will not mention the service but it has not been mentioned in this thread.
Isn't it illegal now for an ex-employer to bash?
What questions should I ask an employer before I accept the job?
I am new in this business and have already been screwed by empty promises. I want to try and get it right this time. I would like to know what I should ask before accepting this position.
Thanks
They asked for client not employer
Told them employer. She asked 3 times for the hospital I transcribe for on behalf of the employer. Thanks for confirmation. Glad I didn't get hired...shame on them...they offshore anyway...
you will find ESLs with every employer, nm
XX
Nothing wrong with that but many recommend to their employer
privately so nothing gets posted just to weed out those that might not be qualified...understand...protecting a good employer from having to wade through resumes and resumes of nonqualified applicants. Referral by word of mouth is very much accepted without having to post publicly but rather privately to those MTs that are known to be good and this has been happening since the internet
So who is their 2006 Employer of the Year?
xx
Agree. And it is up to you if you want to be non-IC but yet not have your employer pay the taxes
:+
Thanks...I'll check with new employer to see which one (sm)
they have..Hope it's Meditech Client!
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