Need advice regarding contract IC status
Posted By: Sandy on 2006-10-30
In Reply to:
In August 2006, I started with a national company as an IC. I never received the paper work and was working as an IC without a contract. After about a month of working, I notified the company that I had not received a contract. At this point, I was offered employee status to start September 5th. I took employee status and was named an employee to begin work on September 5th. After 2 weeks of working full time, I had everything in my personal life hit me all at once and asked if at all possible if I could return to IC. I was told that I could, but then received a contract dated for August stating that that was my original contract date. I feel a litle confused considering I never received a contract and never signed one in August. Now, I ask to be IC again and now receive a contract to sign and date it as August 2006 because that was my original start date Would any of you sign for August when you never received a contract back then and then became an employee and switched back to IC. I think my IC status should begin with the new pay period. Should I sign this? 
Thanks
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Good advice, and advice that I'm giving real thought to ...
If I had known that they offshored before I accepted employment with them I never would have gone there to work. I've been here long enough now though to not want to lose my benefits.
Still ... making a DECENT PAYCHECK and making a living without being stressed out over the type of work that I'm doing is just as important as good benefits.
Agree..with IC status, equip. is your responsibility; employee status - you should SM
not have to pay out-of-pocket for use of their equipment. I would never work employee status for a company who required me to purchase or lease their equipment. The only thing I would find acceptable is to have a small security deposit taken out of paycheck when starting with a company. This will protect the company from those few who might abuse the equipment.
Anyone know of Escription companies that offer IC status. I do not want employee status but would
like to stick with the Escription platform at all possible.
Employee status w/benefits vs IC status??? Dilemna enclosed
I am caught between a rock and a hard place and figure this is the place to get the best advice from those in the know. I have been an IC for the past 5 years and love the flexibility but was interested in a job with benefits. I started a new job about a month ago with good pay (2 lph more than I was making) and benefits......very happy with company but as an employee, obviously have a schedule. I am working both jobs currently and starting to burn out. On the new job, I am struggling to get the 1200 lines per day required but on my old.... I can easily get 150-400 lph depending on the dictator but again, it is IC and less lph than the new job. Obviously, the platform is different and not paid for template headers/footers wheras the old one, I am paid for those. Now to my question. Is it just me? Is it because I really enjoyed the freedom of ic status and therfore seem to be struggling? Anyone else experienced this before? Tempted to go back told job and lose benefits/more pay because in the end, maybe it works out be the same pay because of amount of time I spend getting the job done? Not sure if this makes sense but hoping you can all offer some advice!! TIA
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.
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.
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.
Turned it down after getting contract...sm
There were 2 objectionable sections to me. One indicated pay for QA but on further questioning, there were no specifics given on what would be considered necessary for pay or how much it would be. The other was a charge for tech support. On further questioning, they indicated why and under what circumstances, but wouldn't put it in the contract. I wouldn't sign it since those 2 items were so vague.
I had a friend without a contract
She was charged for the IT guy setting her computer in teh amount of 100.00 or something like that. Sounds low, yeah, but the MT never even started working or for some reason there was no work. Well 3 months later, she gets a bill from the lady saying she had to pay this money. The company is a lady name Suanne at p.r.n. Transcription, I believe in Florida, so beware.
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.
Contract concern
I am wondering why it would state the MT is working for 2 companiies and that the first company (OSI) should they not pay, then the second company (Alpha) only being liable for minimum wage. That sounds fishy. It is a violation of federal law to not pay, and to sign the contract, is that not my agreeing to only accepting minimum wage regardless of what I would truly be owed should OSi decide not to pay?
This is negiotiated in a contract between
the MTSO and the Client. Where I work, our pay scale was adjusted to make us more competive with other MTSOs wanting our account (which is major). We went from a straight cpl to a tiered system where the more lines we produce, the more we are paid. Lucky for me, it was not a cut because I had not been there very long. However, the ones that were at the top of the range had a pay cut.
Read your contract.
If you are an IC, you should have a contract. MTSOs need to be able to count on their workers, ICs and/or employees. Sorry to hear that you medical issues prevent you from meeting the required production. Maybe you should find another company who can afford to be more flexible.
If the contract states that they will reduce your pay if production is not met, then they are free to do so. I've not heard of a company who does this either, but you may want to read your contract and make sure things are being handled accordingly. Additionally, they have the right to end your contract (as in telling you to hit the road) if you are not meeting the agreed upon production. Seems like they are still trying to be nice by decreasing your pay instead of terminating you.
my company does - it's in our contract
I can see their point. The MTSOs have TATs to meet. If you commit to a certain number of lines per day and aren't able to make that consistently, the MTSO may have to pay a penalty for late work or the MTSO may have to offer an incentive to its other MTs to keep the work in TAT. The company I work for tries very hard to make sure that we all have work, but they expect us to work our scheduled lines to keep everything in TAT. It's a 2-way street.
I worked for MQ before and they didn't give a rat's a$$ if we had work or not. Of course, we were expected to make up time if we ran out of work, sometimes sitting at the computer for 12 hours a day. At least the current company I work for is decent about missing lines due to low work.
I also know that if you worked in-house, you could only take so much time off before they'd try to fire you or make you quit. Have you looked other places that allow you to work more prn? I hope things work out for you. I can understand your frustration, too, especially in this economy.
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.
what does your contract state?
Since you're an IC, I'm guessing you gave a contract to the client, right? What does your contract state about flexibility in hours? Time off? Rates?
awarded VA contract for 1 yr plus..
A total service-disabled veteran-owned small business set-aside (SDVOSB), seeking medical transcription services at various VA facilities. The solicitation contemplated the award of a fixed-price contract with a 1-year base period and 4 OPTION YEARS. RFP at 6. The RFP established three evaluation factors: technical, past performance, and price. The technical factor was comprised of three subfactors--quality of offeror's facilities, key project personnel, and management capabilities and approach--which were of equal importance. The technical evaluation factor was more important than the past performance evaluation factor and, when combined, technical and past performance were equal to price. The RFP provided for award to the offeror whose proposal was determined to be most advantageous to the government, all factors considered.
doesn't our contract
hold any water here with MDI not Transcend as I work for MDI. I was also hoping that maybe some shift diff would come on board too as MDI does not have it now but it looks like that may be a lost cause now too. We make so little as it is already. I'm so tired of being looked at as a production person, how fast can you type, do you know the terminology, and oh yeah please be an English professor as well. ERRRR!
doesn't our contract
hold any water here with MDI not Transcend as I work for MDI. I was also hoping that maybe some shift diff would come on board too as MDI does not have it now but it looks like that may be a lost cause now too. We make so little as it is already. I'm so tired of being looked at as a production person, how fast can you type, do you know the terminology, and oh yeah please be an English professor as well. ERRRR!
If this is stated in your contract
Then I would definitely push this issue. Evidently you were started with a lower than desirable rate with that little clause in there as bait. I would ask that they evaluate you, your work, and your reliability and make them cough it up or give you a why not. Good luck to you.
Never heard of it, my contract says 10 days.
x
Cleveland Clinic - MT contract - anyone know who has it? sm
I posted on the Main board also - does anyone know who has their transcription contract? I saw on the news today, where they did a face transplant. I would love to transcribe that operative report.
Any information is appreciated. Thanks!
Just because companies don't know how to sell a contract,
they shouldn't pass their shortcomings on to us. This is part and parcel of what is killing our profession. Companies keep low-balling contracts and we all will lose. Very sad.
I was ready to sign the contract. (nm)
.
Fraud, Breech of Contract, etc
Appears there are many legal issues that may apply from ?fraud to ?breech of contract to ?bankrupcy to bouncing checks to not paying. This company appears to be breaking a lot of laws. Who knows what else... Beware for sure.
Per contract 30 day notice of termination for IC
I believe this is crazy.......
Edit the contract or THIS IS GARBAGE
I signed one of those stupid things once and when it came time to quit, I had a nice new job that I wanted to start right away, not in 30 days, so I asked the OLD company and they agreed to let me off the hook, although they were not nice about it. Ask if you can just x that part out on the contract. Why is it that the contracts are ALL one sided, nothing good in it for the MT? yOU CAN be canned in a moment's notice, but you are supposed to give 30 days. What crap.
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