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Serving Over 20,000 US Medical Transcriptionists

Solution for their ILLEGAL activities

Posted By: Poppy on 2007-01-24
In Reply to: I say go for it... - happy at OSi

The next time they call me to work on my day off I will do so and I will record my hours knowing it will put me in OT. When they yell about it and say OT was not approved in advance I will document by email or phone call that I was asked to work and if they refuse to pay me OT I will definitely report them. They have already been reported by at least 2 other people with documentation. They will either cut the BS about not paying OT or they will see the feds.


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Whole other can of worms...Illegal on company's side illegal, but (sm)
Retaliatory firing for contact with government oversight agency is illegal in all cases (Whistleblower's laws). It is hard, however, to prove retaliation because company can fire for breech of policy (working overtime when not approved, etc), can railroad you until you quit or they pick up enough nitpicky things to justify termination, or in most states for no reason at all (shaky if you've been to labor board). Whether reported or not, it opens a whole can of worms, and not everybody is going to be happy with the consequences (just look at the MQ saga). IMO solely, if OT is not specifically approved, don't work it. If you want to work it and not put it on your time, feel free (but that is fraudulent records if you're caught - again grounds for termination if anybody cares, which they usually won't unless under scrutiny by oversight agency). If you ask for and get approval beforehand, everybody's happy.
No solution is Precyse Solution
So sorry about what you had to go through. I truly feel for you. As good as we are, no one should stand for their crap. I certainly didn't. I could not get rid of their equipment fast enough. The day I quit is the day I boxed up their computer, called Fed-Ex and had it sent back, and then I got a new job the next day!
There is a solution to the what you think is

It is very simple.  DON'T READ THE POST if it will upset you that much.  If you already knew it would happen, don't pour oil on fire by telling people not to talk about it. This isn't the Transcend forum where people aren't allowed to talk about what bothers them. If you feel uncomfortable with the posts here, stick with the company forum and maybe you won't be in so much pain.


I think that was the solution they came up
with for keeping up with TAT. For years, I never had any problems - then new management steps in with new ideas such as overstaff every account so they not only keep all accounts current, they also don't have to pay bonuses or overtime.

MQ MANAGEMENT HOW LONG DO YOU THINK THIS JOYRIDE WILL LAST FOR YOU?

SIGNED,

FRUSTRATED CHICAGO FULL-TIME MT

P.S. COMPLAINING ONLY GETS YOU MORE BACK-UP ACCOUNTS. I MADE MY LINE COUNT WITH NO PROBLEMS WITH ONE ACCOUNT FOR A LONG TIME AND NOW I HAVE 3 ACCTS ON 3 DIFFERENT PLATFORMS!! AND HAVE TO WORK 12 HOURS TO GET IN 8 HOURS OF WORK. I ACTUALLY HAVE 5 ACCTS BUT I REFUSE TO WORK ON MORE THAN 3. IT'S NOT WORTH IT...

WHAT'S A GAL GOT TO DO TO GET A STABLE ACCOUNT AGAIN?

THANKS FOR LETTING ME VENT NOW OFF TO SCROUNGE AROUND FOR MORE LINES.
My solution........sm
I had almost 100 dictators who used normals. As you know, it could drive you crazy not to mention put you in the poor house. I finally decided to make separate folders for each doc and used MS Word to make a separate document for every normal exam. It took me over a week of my own time, but well worth it in the long run.
And here's another solution
I work for a hospital who pays up to double the lines for the difficult docs. People seem to like to get those docs (I sure do), especially when they've invested the time to get good at doing them.


If you never learn them, and never get proficient enough to do them independently, you don't get the pot of gold at the end of the rainbow.


It's a win-win situation, I think.
no - and the solution to this

is in the voting booth not the company board.


 


SOLUTION
Keep the computer and/or other equipment until they call you for it. Then, explain kindly how you kept it back because you heard that there was a problem with the company reimbursement and wanted to avoid that problem for yourself. Then let them know that you will return it in PERSON if at all possible and expect a check that same day. You could write any trip expenses off on your taxes and be sure you are reimbursed at the same time. Once I did this a few years ago for the same reasons, different company. I did receive my equipment deposit back on the spot.
I may have a solution for you ...
Please EM me.
So, the solution is... SM
Just don't answer our phones???


First I was paranoid about getting a pay cut. Now I'm paranoid about NOT receiving a phone call from The Power that Be. Maybe some of us fell through a crack... or maybe the fierce anti-Acusis posting of the last couple of days changed someone's mind about delivering bad news to all MTs at the same time. After all, if we all quit at the same time, who'll be around to learn the CDFIZ or whatever the heck the new program is.



so your solution would be?
If you're an IC *YOU* should be calling the shots, not someone you work for.

Everybody here has options.

The MT can acquiesce and work the hours her EMPLOYER is requiring her to.

The EMPLOYER could be human and work with the MT or NOT.

The MT COULD take action against the EMPLOYER for a) offering medical advice, b) treating an employer situation as a contractor situation and not paying taxes.

So it's not a matter of being in this MT's shoes. It's a matter of being a savvy MT and knowing how to run your CONTRACTING BUSINESS or sucking up being paid like an IC and treated like an employee.


There is an AAMT solution.
you could report this to AAMT, but it would take weeks to process the complaint. Also report the website to them. But its a great thing that you have posted the red flags. great work.
Simple solution
As long as Cymed can continue to find MTs who will put up with this crap and accept their positions that don't pay for spaces, they will continue to do what they're doing.

Why would a quality MT accept a job that doesn't pay for spaces. Why would a quality MT stay there?
Low to no MT work is all over.... Here is my solution!
I have been working as an employee with a company and for the past 4 months the work has been low, with the last 1-2 months ridiculously low to no work at all.  There is a 1000 line requirement for benefits.... and I need benefits.  I work a part-time IC position, and guess what, it's low to virtually nothing also.  So this week, I took on a 3rd IC job, so where I normally would transcribe 1600 lines with the employee position, I only give them 1000 lines, just to keep the bennies. I will do 1000 with the third IC position, and continue to do the 600 lines with the 2nd IC position.  Thank goodness, there is no hourly requirement with any of these positions.  It takes me 3-1/2 to 4 to get 1000 lines on employee position, 2 hours to get 600 lines on 2nd IC position, and about 4 hours to get 1000 lines on 3rd IC position.   I have purposed this year to not work over 10 hours in a given day, give or take an hour or two.   So far, the past 2 days it has worked.
Offshore solution sm
Why can't a company give the client a chose.  Excellent client ready work at a higher price, and I realize this would exclude many US MTs, or work that has been offshored at bargain rates.  This way everything is on the client.  Either they are going to say no way do they want their records going off shore and  pay the higher rate, or they agree to offshore.  The good thing about this is the doctor cannot deny he did not know the work was being offshored if he agrees to that to get rock-bottom prices.  If the client wants work done in US, he can have that but at a somewhat higher price.  US MTs will be able to make a living wage at their profession.  I think this idea needs some tweeking but I think it might be something to think about. 
Simple solution -
email me.
The Best Solution to the 30 days
TYVM for such great input.  I believe here is the problem.  Any MTSO has the obligation to (if they have one sub or 3 dozen) to negotiate a contract the right way with their account to be able to offer their subs a decent arrangement.  There isn't one business (hospital, doc, etc.,) on earth that can't cut checks to a vendor at will, or at least set up a unique situation if they really want the vendor to work for their company (vendor being the MTSO).  As it turns out, this company I considered is a subcontracted company to an MTSO who actually has the hospital account.  This subcontracted vendor has virtually no negotiating position with the account.  They are at the mercy of the MTSO.   I believe there's a time that a big or small service has the obligation to the MT team to not take on a crummy contract unless they get a pre-signing commitment from their MT subs that they can live with long-term payments.  I don't think it should be done the other way around.  Though at this time I was just looking for some part-time filler work, I too have hired subs for overflow work in the past.  I made sure whatever the account was that was paying me did so within a time frame in which people could work and survive with money--including myself.  I don't have a husband or other type of income.   That's neither here nor there.  It's in the contract negotiations, and having enough courage to sometimes say No to an account, to pass on the deal for the sake of what's right and not roll over all the time.  That puts it in a true underdog position from the onset of the contract.   Needless to say, I'm not going to take them up on their offer.  But very interesting what's going on, what everyone thinks, and how it's still kind of the short end of the stick on the real production end -- the MTs that do all the work.  Thanks to all who replied.
A simple solution...

get a fake email address.  go to hotmail or yahoo and just make something up.  i will never know who you are.  :)  I do understand your hesitation.  I wouldn't email me either.  LOL  I'm safe, I don't work there anymore.


Line counts?!  Um, yeah.  Encouraged to be dishonest to the MTs regarding that also went against my grain.


My solution to low work
I (thankfully) left MQ and found I had low work at the company I picked, which I liked otherwise. So I took on a second job. When there is no work at company one I just switch to company two and back and forth and I am never out of work. In talking to several of my long-time MQ friends, they ALL do this. Sure, it's sad to have to do it (and it ticks me off royally) but I have a family to feed and this is how I am doing it.
Simple solution:
Don't work for them. 
Simple solution:
Don't work for them.  I don't.
a simple solution
Next time it happens ... just invite the person over to your home and give them a shot at actual transcription. Try to give them a dictator who is midway between fantastic and a nightmare. Don't leave any medical books around for reference. Tell them they have 15 minutes to do as much as they can.

And then post the results here. Should be good for a laugh.
well please let me know if you find a solution since i haven't. sm
have spent 2 days with tech support with dictaphone and still not fixed. i don't have the time to spend now cuz i gotta bring in some money, LOL.
I'd still contact the solution center
I got the email from my STM this week as well (bet we have the same one!), but I have not been experiencing any problems. It is still very possible that the reason you are having so many difficulties is something to do with your router (if you have one) or ISP. I know how frustrating it is when the platform keeps freezing up on you. I was having so much trouble until I changed the settings on my router and now it is smooth sailing. Definitely contact the Solution Center and see what they can do to help you. There's no reason to suffer through it if there is a fix out there.
information on Transcription solution of SC.

any information on Transcription Solution out of South Carolina?  TIA


SOLUTION TO OFFSHORE OUTSOURCING
Since offshore outsourcing couldn't be stop why don't we just outsource the dictations coming from these freaking speaking doctors. We need to screen the accounts and all those accounts with difficult doctors to understand, we outsource them. I think we will be more productive, the only problem I can see is that most of the doctors here in America freaking dictators.
It isn't a solution after you've already returned
the computer.  I was glad to get rid of it, but I want my money. 
Simple solution: Notify the IRS.

x


Time to find, my solution
will be to have two companies on board. My current work (a small mom and pop that has managed not to be eaten by a big company) frequently runs out of work, so I decided that since I am the breadwinner in my family, I will take on another job as well. Of course, my original company won't like this because I will not be available for extra when it is needed but I will do what my contract says I am to do and no more. I am tired of sitting here looking at a blank screen.
There's a very simple solution to MTs that don't improve
You put them on warning after so many same mistakes and then if they continue to make the same mistakes, you follow through and LET THEM GO. End of sob story. As QA, part of the job is weeding out the inept. Why any MTSO would keep an MT that continually made the same mistakes and compromised quality to that degree is beyond me. Highly nonproductive and bad business practices, IMO.
Offshore is not a good solution
These are people who come from a completely different culture. They have very little regard to human life and therefore it is hard for them to comprehend that we do and have it extrapolate out to providing a conscientious medical record.  Please do not think that I am criticizing them for this. It is just a fact. I know a little of what I speak because I have seen the product that comes out of the offshore community and India and Pakistan to be specific.  Did you see the movie Slumdog Millionaire. Did you see the screenwriter's analysis of life in India? He said everything is extreme over there. If it is sweet, it is very very sweet. If it is spicy, it is very very spicy. If it is poverty, it is grinding abject poverty, living underneath active outhouses. If you see the movie, there is a segment there where it portrays a call center and the lead character tells the customer that he is just down the street from her and he is looking at a map of her area. But then he messes up and says the wrong thing. This is the type of culture with which we are dealing. They think nothing of lying through their teeth just to keep their jobs. Do we actually think the clients here in the US even know that their precious heretofore confidential medical reports are even being sent overseas? I think maybe 20% of them know and the other 80% are blissfully unaware. That will change.  
This is illegal if... sm
If you are an employee and do not meet the exemption requirements by the Dept. of Labor, they have to pay you OT if you have to report your hours. If you are salary this does not apply because you are exempt. But if you work more than 40 hours a week as an employee of any company, they are required to pay you OT at at least 1.5 your regular rate.

SHOULD BE ILLEGAL
That's right. If they pay you on production, then you should be able to actually see it for yourself, not go by what they say. They refuse, because they know what they're up to, and I agree that if it is illegal, it should be ABSOLUTELY ILLEGAL.
There was nothing illegal about it
They were telling me that they were letting me go - had given all my doctors to other MTs over a time period. So, when they emailed me - I just called the unemployment office, since they didn't need me any longer and filed. The particulars had to be hashed out between the state and KS - not me. I then went to work as an IC - searched for employment every week as required - and filed as was required. There is nothing illegal about it - but in the transcription field, there are many more IC jobs than employee jobs, thus the difficult job search. I am happy where I am now and - and I think KS might have learned a lesson - but somehow I doubt it.
That is illegal
You need to report them to the wage and hour commission and get out of there fast.
While same co. is doing something illegal and
x
They also don't pay for OT, despite it being illegal not to. nm
 
Nothing illegal about it, just not a very
smart way for the facility to set up the demos. Why would you think it is illegal???
yes it is illegal! They have set the sm
requirements for the job. The requirements they have set makes that an employee job and not an IC. Check out the IRS regulations. It says, you MUST, you MUST, please do not apply if you can't work these hours, etc. I take exception to the part especially where she says do not apply if you want a higher wage, etc. This kind of stuff is why the MT profession is in the mess its in.

I am sure she will get somebody who really needs a job but they are getting a raw deal and this kind of stuff perpetrates more of the same!!!!!!!!!
Actually, it is illegal

It is clearly not an IC position.  According to the IRS http://www.irs.gov/newsroom/article/0,,id=173423,00.html


If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees.  If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.  


This falls under one of the three broad guidelines that are used to determine Employee, IC or SE. 


According to Publication 1779,


If you receive extensive instructions on how work is to be done, this suggests you are an employee.  Instructions can cover a wide range of topics, for example:


- How, when, or where to do the work.


According to Publication 15-A,


Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done.


It goes on to state that if that employer/employee relationship exists, it really doesn't matter if you call it an Independent Contractor position or not.  The withholding must still be withheld.


If that prospective employer is advertising the position as an IC with no intention to withhold any kind of taxes, the way she has phrased the ad, saying that you must work certain days and certain times, she is breaking the law.


 


it should be illegal if not already! sm
They can give you a transcription test that will accomplish the same thing. This is nothing more than underhanded age discrimination. No hearing has nothing to do with age, so they should just give you a transcription test and leave it at that. If you can't hear well, you are not going to do well on the test anyway.

These companies hire MTs who don't know what they are doing all the time. New folks coming out of school with really no training and they produce a really bad document and that has nothing to do with their hearing..

Im telling you this hearing test thing is just a subtle age discrimination thing.
Solution: Shut down hospitals on weekends.
nm
My solution to the feast or famine syndrome

I work part-time with a daily number of lines to complete, no set schedule.  My work is usually pretty steady, but over the holiadys when things slowed down, I decided to get another part-time job.  I ended up in direct home sales.  I make more money at it than I do MTing and I get to set my own schedule.  I usually do 2 shows a week, averaging about $150 to $200 per show.  The shows take about 3 hours in total and the computer work is about an hour or less. 


It also gets me out of the house and gives me a break from my kids.  I will say that I'm pretty fortunate that my husband has a M-F 8-4 job, so he's able to be home with the kids on the evenings I do these. 


I keep a separate checking account for my business and it's really neat to watch it grow.  I'm saving the money for a rainy day (or famine) and when I get to a certain amount, we're putting in a pool.  I'm halfway there already.


No way would I stay attached to my computer.  If things are slow, I put that time into my new business and work on getting new shows booked or party games or invitations.  There's always something productive to do. 


Asking illegal questions
No, they cannot ask what they want to. You imagine incorrectly. One should never put down one's DOB until s/he has an offer, or give a SSN until the offer is made. Similarly, they cannot ask questions regarding health and disability until they have made an actual offer. (Cf: Americans with Disabilities Act of 1990), so no, they CANNOT ask whatever they want--or if they do, you have a cause of action with the EOC.
Illegal questions
Somebody should tell this to Sten-Tel because both SSN and DOB are on their application.
But its illegal to tell IC they cant work wherever they
x
Wonderfully illegal

Working OT and not getting paid for it is illegal, just ask the suits at MQ. 


i don't think volunteering is illegal and
there are a lot of unpaid internships available for other things to learn how to do the job, why not mt'ing.
Probably not illegal if you are told
x
It is illegal. If she needs someone for a certain shift,
then she needs to hire an employee, not an IC. I don't understand why people don't report these companies.
If what they're doing isn't already illegal,
*