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Plan of action comment

Posted By: Lillybelle on 2007-07-12
In Reply to: client - mting

While you really cannot do anything about the parting of the ways unless there is a provision in your contract to cover this, you can do something about getting your money.  If I were you, I would not hesitate one second.  A certified letter to them with return receipt back to you would indicate that they have 7 days to get your money to you.  Eight days after they have received your letter, if you do not have the full payment in hand, file a suit at your local small claims court.  It does not hurt to call/visit the small claims court and get all the information and paperwork (whatever you can) ahead of time.  Also, file a report with the BBB (it is debatable whether or not this will help, but it can't hurt).


This is not the time to be nice.  Don't accept any excuses from them and do not grant them any time extensions.


Of course, this is my opinion only.


Good luck,


Lillybelle.


 




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Don't worry just find out and then have a plan A and plan B
I have gone through something like this but not with that company. I too am the insurance provider for my family and there are preexisting conditions, so a private policy is no good.
First of all, I work elsewhere but had the same situation. I fell short of line count, but not because of me, because they did not have enough work, and I like many others cannot make quota because of the way they count lines. Then, on last paycheck there was a negative on insurance money taken out of check. I thought I lost insurance, but found out at the end of the year, they did an audit and found out that I overpaid all year and so I actually was owed money that check.
In the meantime, I found another job but have to wait 90 days for insurance. Can't find a policy to bridge the 2 jobs, insurance is on my mind all the time. My heart is with you. Personally I am getting the 90 day meds, working on my second job which will become my real job and if I lose the insurance, Cobra will kick in in case of disaster so that is like major medical.
Sorry such a long post, but I suggest: Not to panic. You probably did not lose insurance. Call the benefit provider to see you are still covered, not the employer. If you are not still covered, get 90 days of Rx if your plan covers by mail and be billed, immediately get another job which is a better place to work anyway (I found one) and in 90 days you will be okay. Some places like Disriter cover the first of the following month, but I would not necessarily suggest you work somewhere which is not so great just for insurance. You can consider TransTech. That would be my suggestion. Sorry for such a long post. But this hit a nerve and I wanted you to understand some options, as I have gone through it. Good Luck.
Course of Action

1. File a complaint with the labor board.


2.File a civil action against the company.


Class action
You might have enough people to bring a class action, or just go together to hire an attorney...

Good luck!
D&L class action?
I think a bigger problem is many people complain, put up with it, or leave and complain but do not follow through - Otherwise how did it get so bad? I think everyone needs to fight back to this company and every company that does this THE FIRST time - if you bounce a check or do not pay what happens - you get it on your credit - send notes to the credit agency - you are a business - IC - and tell them - send them your unpaid invoices and they will place it on their credit report.
That's when we do a class-action and
Doesn't that sound like a plan?
that sounds like action to me

You may be one, but I am sure you will inspire others to join you. 


what action can I take for nonpayment?

I am having the same issue with 2 different companies. IF you are an employee, you can call the labor board and they can assist you. IF NOT...if you are an independent contractor it is a lot more difficult. The labor board will not assist an IC. Then your only option is to hire a lawyer in NJ and file suit against the company there. If the company owes less than the limit for small claims court, you can file in small claims court but you have to physically go there to appear in court...if you win, all you get is a judgment, i.e. a piece of paper. The court will not make the company pay the judgment, it is up to you to collect that. If it is over the limit for small claims, you have to have a lawyer file suit in district court. Of course...even if you win, the lawyer has to be paid so make sure you are owed enough for it to make it worthwhile to go that route. Now, if the company gives you a check that bounces, that's a whole other issue. Then you have to send a certified letter giving them (usually...varies by state) 10 days to pay the check and any bank fees you have accumulated becuase the check bounced. If they do not, then your only course of action is to send the check and a complaint to the district attorney where the company is and ask them to collect. The district attorney will send the compnay a letter and if they don't pay the check, then they will file suit against the company and will in fact arrest the owner. All of this takes ages of course and that is probably not going to help the immediate issue which is you need the money you earned! yeah...I understand completely. Good luck.


Good for you for taking action to
change careers. Enjoy the kids.
Taking action is vital.
I totally agree that if you are unhappy, it is so much better to take action that to wallow in it. What I don't totally understand is why so many MTs stay at companies that treat them poorly. There are good companies out there that DON'T reaquire you to spend time e-mailing, IM'ing, and doing nonproductive unpaid work. And many of those companies that say they offer a maximum of 8 cpl have decent production bonuses that can bring that to 10 cpl. Some even give raises, believe it or not. And there ARE companies that will offer more than 8 cpl to start, and have steady work to boot. Changing jobs is painful, and it can take a few moves before you find the right one. But why not try? I just don't feel that an attempt at unionizing is going to solve the problem. But hey, if you think it will, all power to you and best of luck in your efforts.
What action can I take for nonpayment on a company in NJ - sm
As of this Friday the first invoice will be 6 weeks past due, the 2nd 4 weeks.  She has been saying for weeks she has mailed these two checks.  Today she said she sent them priority (told me yesterday she would mail them priority).  I know she is just biding time because there is no money to cover them which is my next problem.  If and when I get these who knows how long it will be before I can cash them.  I would like to tell her that if I don't have checks in the mail by Friday (that I can take to the bank and get cash for) that I am going to take action against her.  I am just tired of her crap and lies.  Obviously I no longer work for her either so she has no real incentive to pay me.  She stopped sending me work because she knows I won't type if I don't get paid.  Any suggestions would be appreciated.  Thanks.   
your supervisor should be monitoring this action.
nm
I think everyone should file a class-action suit

I've witnessed front-end VR in action...sm
First hand.  It was extremely impressive.  Talked to the docs that use it.  There are lots of companies and software packages out there so perhaps it varies a lot. 
I am filing a small claims action this week.

Have one doctor that I had problems with and only typed for him foer three months.  He was unethical but then he felt that I should not charge for anything that was not actually typed, i.e. if he did a normal exam, etc.  So we had a falling out and he owes me $200 and he has threatened fraud against me, etc.  But I told him he could not bully me and that we would leg small claims court settle the matter.  Am giving him a three day notices sent in a signed reeturn receipt and if he does not pay I will go to court.   So if you are an IC that is your course of action.  I work directly for the doctor, if you are with a service and you know the docs that you are typing for, can tell your MTSO you are informing them that they do not pay their IC's and you will not longer be able to work or provide services, but that depends if you signed a contract and stated you would not have any contact with the accounts.  My first suggestion, write a last demand letter and outline that you will file small claims court proceedings and send a copy of that to their accounts. 


Good luck. 


We need to CALL THE FACILITIES and let them know what is going on! OR Class Action Lawsuit
...we need to all go out on strike! If we ALL stopped working tomorrow, called the facilities and let them know why, where would WebmedX be?
It's wearing thin, and I'll sign onto class action!
Right now I'm working full-time for one of the Axis of Evil...where, as we know, the recent denied-until-it-happened pay cuts and global equilibration of account levels screwed me, so I'm trying to get out of that hell hole, where the only thing left after VR gets done are the crappiest of the crap. I saw light at the end of the tunnel, and it turns out it was a train coming through to smack me head-on.

So I guess I'll hang onto the 2 jobs I have now, while I continue to look for 1 or maybe 2 that will be more amenable. I don't mind working hard and I don't really even mind the account job #2 has me on (although it has been NWA all week...must have hired some more bodies), but I hate the perceived sneakiness of it while they've got my back against the wall. GRRRR
Your last comment...
was uncalled for. This MT is simply answering this poll based on his or her worst experience. There is another poll above asking for the best MT company you've ever worked for. If you want to defend Diskriter, post there.
Comment
Seems to me that ER MTs double their lines most of the time.  I'm a bit worried about Acute Care/Basic 4.  Anyone out there doing those reports increase their line count without killing yourself?
Just a comment on it...sm
I'm lucky to have the two large health systems here that employ some MT's but I also know that some hospitals prefer to just find a company (US, out-of-state, or otherwise) to send all their stuff to and let the company organize, back-up and differentiate all of it so the hospital doesn't have to deal with it lots of different employees for their transcription.  Understandable theory I suppose; I just wish we could show them that keeping their work local to their immediate city/area would be beneficial too! 
Comment
I have no doubts about the reason for that rule.
Comment

Thank you for helping me to wake up and smell the printer ink!


Being an MT has definitely changed my attitude towards the world and people in general.  This is really sad.  I find myself struggling on a daily basis, just kind of wondering and waiting for the end to come. 


Your post made my day.  It validated my experience of this past week as something that I need to consider seriously.  My eyes were opened; actually, I was kind of shocked.  I had been invited to a presentation where I met an entirely different group of people, in another industry, which is similar to ours in that it is still health-related, but it is Wellness, and does not involve any transcription.  Those people were so happy, positive, successful, and rich, and one lady told me that she does 99% of her work from home and during a bad month she earns ONLY $7000.  So, I'm now considering a career change.  I love my dogs, really.  But, I want to live in a world where I like the people, too. 


With this addition to my life, I suspect that I will not be so stressed out with regards to MT, and will still continue my somewhat, sometimes enjoyable MT job on a part-time basis.  When you don't really need the money and you kind of just do it for FUN, it takes on a different flavor, I'm sure.


Thank you again!


My comment was to YOU
/
Comment
This also would depend on how much notice she is giving regarding taking time off.  If she is constantly taking time off with very little advanced notice for nonemergencies, it seems like adequate grounds for dismissal. 
comment on what you want but sm
i have seen you pick at others for posting comments that have nothing to do iwth the post.  But I guess thats ok for you and nobody else....right?
oh my god, what a disgrace you are for your comment - sm
If you feel that strongly about your job, no matter what it is, then get out and do something else. Nobody is making you a slave. I'm sure you have other skills.

And while you are out searching for another career, talk to your therapist about upping the medications you are on. Because the comments you made are deeply troublesome and psychotic in every way.
Care to comment?? NM
//
MedWare QA comment

I'm not sure how you can get ZERO QA feedback from Medware when each and every report you sent to editing is returned for you to see with whatever blanks were able to be filled in. You can even pull up the voice file again and re-listen while you go over the blanks.


I'm not saying you're not telling the truth, just that your experience is much different than mine, and along with the ZERO QA feedback comment it makes me wonder why.


That little snippy comment may
It never hurts you to be kind, even to those who are struggling with their platform.  What kind of person are you to do that.  I have been there.  Maybe you haven't.  You will one day, you'll be going right along and then you'll discover a lump or something and your whole world will change.  Let's see you find mercy then.  Those who give mercy, get mercy. 
D&L typing comment
I saw this post and was concerned for you.  I worked for them from 2000 to 2003 and never had a problem with paychecks, however the owner was controlling it all at that time and every other thurs or fri she would send the paychecks out snail mail.  They would get all data together on tues and wed to my knowledge then they would promptly go out and I never had a problem.  She owner told me she would always welcome me back if I wanted to and even provide my accounts back to me but I have since learned I was ignored by the staff and not rehired.  I believe she never found out I was available.  I see a problem now that you mention this as I think there are many new turn over of employees in that office since I have worked there so they just don't care.  I bet the owner would not like to hear that.  I would call and ask for Donna - the owner or John her husband.  They should be aware of this.  I think her help is not doing her a favor.  Maybe I am lucky for that staff to have ignored my request for rehire back in December.  I would appreciate feedback on your situation in the future as I still was considering calling. 
Phoenix comment
I was hired on with this company but decided not to take this job offer because the company I have already been working for has been giving me more work again. So I guess I am really glad not have taken this job with Phoenix after all. amj
No, the comment was not meant for you sm
I meant it for the person who didn't understand work in amusement--like they didn't speak English well.
post such a comment
I am beginning to think that mental illness is rampant amongst MTs????? This board should not be used for putdowns, criticisms, etc. From the sounds of you, you must be a supervisor yourself. Maybe these folks don't ask you because you never can answer any of their other questions or you just ignore them. They may as well ask someone that works for Waste Management. Now how does that feel??

I can believe that as well. Hence my comment about exceptions. Always are I know. nm
,
Here's what that comment means.
Current supervisor = not needing a decent line count and not caring what filling in demographics means for the MTs.
Don't know about your sister, but try it yourself, then comment.
Don't know about your sister, try it yourself, then comment.
only limited comment
I applied to USAMedical. I have over 15 years of experience and they were only offering 7 cpl with that! Have no idea of whether or not they are a good company to work for though.
Now what was silly about my comment?

I just wanted to make sure that the company was being plugged by an ACTUAL employee.  I'm glad you are happy there at Axolotl. 


comment on holidays
I'm not sure that's a completely accurate blanket statement about the holidays. I was told that I was expected to work holidays unless I had asked/made arrangements to be off ahead of time.

Otherwise, I totally agree with you.
Why do you insult me with that comment?

 youre funny, if you only knew..................


Comment on Spheris
The will tell you they care about their MTs.....Don't believe it!
Your right on with that comment - Personally I'm

The comment was directed at
the 0.075 cpl, not the clinic note MT.  Get over yourself already.
MTHeaded's Comment
Please tell us the name of the company you work for and how much you get paid (per line?, per hour?, per page? ) as I have never heard of anyone making between $50 and $70 an hour routinely. Do you have a lot of normals? What's the secret?

Re Quig's comment

I think that Quig meant get out of their company not literally get out of town.  I would offer nothing because you have already said you are about square with the money end and expect not to be paid as they will hold back your money.  This sort of thing makes me crazy .. you owe your allegiance to yourself.  Be your own advocate and get away from this toxic work place and don't look back.  To those of you who say that others can do it for less .. why in heaven's name do you think the industry is in the miserable shape it is in .. we let it get that way!!


I have learned that the only person I can be responsible for is me and I plan that for the rest of the days I have to work I am going to see to it that I get a fair deal for what is expected of me .. take control of your situation and take Quig's advice.  Leave and don't feel badly about it for one minute or that is just more time you have wasted on unappreciative people who are too incompetent to value a good employee.


 


This comment annoyed me...sm
Our transcriptionists do not work from home. We believe medical transcription is a serious business that demands professionalism.

They make it sound like MTs that work from home are not professional as opposed to those that work in an office. I don't think so, darlings. I much prefer working from home rather than admidst the pecking hens and gossipy environment I used to be in, which felt like high school again.
Thank you -- comment inside to MTs
Thank you, Moderator, for posting this.

Guys/gals, always, always, always take caution when responding to a job post where the return e-mail is through yahoo, hotmail, any of those free e-mail services. Err on the side of caution and do a THOROUGH check.

I'm not saying all of these companies who use Yahoo, Hotmail, etc., are unscrupulous. Just be very, very careful and make sure you post here. I have found some of the MTs on here, whom I have asked for advice in the past, to have some good instincts and gut feelings.

Love to all my fellow USA MTs!!!


p.s. The name Olyphant was odd to me---sounds like a twist to elephant.

Anyone with DSG that can comment on QA and Qasar and how they are
with that.  It seems like some QA need to pick about anything.
Comment by 'Regroup'
Moderator! Why was the comment of 'Regroup' to which I could answer, although the 'quick reply feature' was temporarily taken away, deleted?
I would really like to know!
Thanks
Here is the comment that got the whole ball of wax
All the difficult jobs and bad dictators only make you stronger. You can't have perfect jobs everyday, so just get over it. Also, to MTs who refuse to do OP reports - you are only keeping yourself from being the best MT you can be. I've been an MT for sooooo long and I wouldn't even notice or care if someone was cherry picking. I certainly wouldn't waste my time checking. The jobs have to get done and I'm good enough to do them. If I have to leave some blanks, oh well, move on! You guys act like little kids wondering if someone got the bigger piece of candy. Good grief!

We don't need to say anything in OUR defense. This is unacceptable.
This is the most pathetic comment
I have ever read. Thanks for re-posting to see what sorry pathetic attitude that Pacific is defending. Pacific and sm are probably cherry-picking supervisors' pets anyway.
I was not offended by the comment
I have a child who stutters, and I know the problems faced with that difficulty.  For her it hasn't been a disability so much    I have had stuttering dictators.  Some were great  -  one I had on a clinic I LOVED b/c he took his time and didn't get rushed.  However, I have one on my account now who slurs, whispers, never corrects and is nearly impossible to understand.  I know there are issues w/ stuttering and I admire those who have overcome them to become doctors.  However, I don't think that gives them any more leeway to be bad dictators than those who don't stutter.  As far as being offended, I wasn't - i totally understand the frustration!