Sound legal advice obtained 2 years ago.
Posted By: Union NOW on 2008-12-22
In Reply to: What about an IC? - I don't care to unionize; just curious.
We wouldn't have moved forward without legal advice; crossing the T's and dotting the I's at this stage. Non-profit; office space, products, legal help all donated.
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No, doesn't sound legal. Someone erred...
...on their part, and they should fix it. You might want to check with your State and see what statutes you can dig up to shake their tree if they don't realize their mistake and fix this. Very odd. Best of luck!
Thank you. That is very sound advice, and
this MT really appreciates your kind words. I will refer to it when I have doubts. And I will pick up the phone. Have never even thought of even doing that isn't that silly? The world of remote MTing has often made this MT forget the true nature of being at a job. Thanks so much for having your head on straight and helping me with mine!
I think you have received very sound advice below.
nm
Ive been with them for 3+ years and have no sound problems. SM
Great company. Pay is great. Pay is on time everytime if not early. Nice, helpful staff. Great accounts. Love them!!!
Can I ask when that was? It doesn't sound like them and I have been there 2 years. sm
I know that they lost a few to VR in radiology but have replaced the accounts. One hospital did not even tell them until the day they moved to Powerscribe, which was horrible of the account, but KS took care of all of us. Might be worth revisiting them if you are looking.
I agree! Have been saying for years the sound quality is bad.
p
Years ago, sound quality was HORRIBLE...sm
still in contact with a few MT friends there and nothing has changed. I wonder why they always had such poor, muffled sound quality?
Doesn't sound too bad to me with 7 months experience. I have 26 years' exp and get 11.5. nm
nm
I just recently obtained a client... sm
Last week I typed for our local cardiologist office. I started out by fixing up a flier with information such as pricing, resources available to me... I also made up a business card and included a copy of my resume'. I was offering p.r.n. service, which worked out well for the Christmas holidays. I figure this got my foot in the door. I just sent out about four, but I plan to send out more this upcoming year. All I needed to type for the cardiologist was a micro-cassette transcription machine.
Hope this helps! 
He obtained his medical record - sm
By having the hospital send them to him after he gave his permission in writing. He then handed them to me. I don't work for the hospital and did not obtain the records in a professional capacity. Good grief!
How's the sound quality lately? A few years ago posters were having a very tough time with it. Th
s
Legal or not legal overtime question.
My friend works for an MTSO who assigns dictators. You are supposed to keep up with your assigned dictator whatever that takes. She is overloaded and working 50-60 hours a week. She is an employee. They say they do not pay overtime and do not have to pay overtime but she is expected to get those dictators current and keep them current. I say because she is an employee the federal law of a 40-hour work week and overtime apply. She has asked everyone from her team lead to the HR person and they say they do not pay overtime. I say that is not even legal if she is in fact an employee. What is correct?
MOST of TransTech's accounts are obtained through Dictaphone/Nuance -- not by any TT mgmt people
out seeking work for all the MT's that they have recently hired on. That is not a good thing when Dictaphone has control of how much work TT gets, when we can have some work from them, etc. They have other MTSO's who want work for their MT's, too, so Dictaphone/Nuance has to share with all MTSO's who have contracted with them to use their equipment; thus, doling out jobs as Dictaphone/Nuance sees fit for their good.
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.
Are you sure the sound quality was the platform and not your sound card? Also, I don't know of ma
services that pay "down time" if the platform is inoperational. ALL software has its share of problems. It's the nature of the business. When you were hired, did you sign a contract accepting the terms regarding PTO? If so, what could you possibly complain about since you did, afterall, sign the agreement? Did you have a good relationship with your QA Editor/Team Leader that you could ask questions about account specifics?
My understanding of the VR is that it has been in development for a number of years not to be released until the fine tuning was complete. It would seem to me, and I am in no way affiliated with Transcend, that provided that VR is good then earning a line rate as an Editor would be beneficial, if that's how Transcend is planning to compensate.
All in all, I would say that if anyone is interested in working for Transcend or any service for that matter, make sure to ask the services Recruiter specific questions. If what you're hearing sounds good and makes sense, go for it. If what your'e hearing is not all that you thought it would be, move on. However, you MUST take what you read on forums boards with a grain of salt. While some posts regarding various services may be legitimate, others may not be.
Good Luck!
MT Manners 
That is not legal to do that. NM
:
what is legal
Contact the IRS if they want a "set in stone" schedule. If you have to give them one you are definitely an employee by IRS guidelines and they can be sued. I think you can go to IRS.gov or something on the Internet and find out about this.
This is not legal....
They can only get away with it if the employees allow that to happen. You can contact your local wage and hour division of the US Dept. of Labor for info
Legal?
Yep. The federal government made it perfectly legal for companies to sell off America thousands of jobs at a time with the WTO and NAFTA. Sweet, huh? And the companies doing it for the most part try to be hush-hush about all of it because they know how people would react. It happens more than you know.
Everything was legal
If you had read older posts - I drew the difference in what I made as an IC and what my weekly unemployment pay was - i applied for jobs every week - both online and offline. There's no scheme to it - it's just what it is. KS was only upset because they didn't know the laws in my state and they got caught in the way they handled things.
No, it's not legal
You wrote: I just don't think it's right to ask me to find a new profession for the next 12 months. Apparently it's legal, but that doesn't make it right.
I think what attorney #2 is trying to say to you is that it is NOT legal... that they cannot stretch the definition of a noncompete clause that far...
Because they CAN. It is legal. They want to see
x
Is it even legal
for them to tell you you cannot work for another company? Frankly, it is none of their business what you do in your time you are not working for them.
this is not legal
According to the IRS, whether you work as an IC or an employee, you have to be paid what is agreed upon. As an IC, you have to be paid upon a mutually-agreeable rate and as an employee (depending on the stste) they have to give you written notice of the pay change with at least 5-7 business days but, they can then change the pay.
File a claim with the employment agency in the company's state and that will fix it.
Is this legal? sm
My understanding is that employer provides necessary equipment for employee. Not so for IC, who provides his/her own equipment. But to charge an employee to use equipment to do the work of the company? 
I do not think it is legal
for any company to tell you you cannot work for another company in your off-hours, provided, of course, that you do not use the original company's equipment to do so. Why are you working for such low pay? There are plenty of companies out there that will pay well if you're good.
Legal?
I don't see a problem legal-wise. Is it ethical? No.
????? Legal has nothing to do with this
board. You can start just about any thread you want on here, within reason. Do you care to name the company so others will know??
There is nothing legal to do with this. While
it is ridiculous, if she agreed to it not much to be done. Companies can offer any rate of compensation, it is up to the individual to accept or decline.
is this legal?
when i pull up patient demographics i can see that person's (along with everyone who has been to that hospital) social security number....so if i were a criminal i have the name, the date of birth, the ssn, alot of information about them in the report and a feild day with indentity theft.....surely this cannot be legal???? any thoughts?
Is this legal transcription?
If so, I answered their ad on MT jobs. They stated they would provide info on cpl upon receipt of a "viable" resume. Well, I sent my resume, got a lot of Word docs in return, but no mention of cpl. However, I did read in their material where they pay you after they get paid. Frankly, I just won't take that chance. I'm not working for a month before I get paid. It also sounded like they want you to work full time and be at their beck and call ("flexible" as they call it). Just didn't pass the smell test, IMO. More info on the work at home mom boards.
I don't think this is legal. Check it out.
x
Legal Transcription
I am a MT who may want to cross over to legal trans because of the BS...anybody know any good companies to try???
is this legal/legit?
I love the company I work for. I love the people, love the work. Only one complaint: They deduct $12.50 out of each paycheck for a total of $25. each month for rental of their software. They said they were told they had to do that if we were IC's. We use our own computers, or rent theirs, so why should we pay to use a version of Word? I have never had anyone else do this in 15 years. Also, they want to charge a fee to do direct deposit. I've never seen that charged for either. Is this Kosher or should I say something? If so, what?
No, it is *NOT* legal for one person to tell another
that they can't earn a living for a year. Here's what I would do. I would sign the noncompete agreement; however, I would cross off the part about not working for 12 months for a competitor and make a notation that your attorney has advised that this part of their contract is illegal and unenforceable. Send it back to them and see what they have to say about it. They also can't withhold severance pay for refusing to sign a contract AFTER the fact of being hired and laid off. They're opening themselves up to a lawsuit, if you ask me.
Probably legal but not ethical. nm
nm
Without your permission it is not legal.
NM
Mandatory OT? Is that even legal?
x
The recipient probably ignored the legal - sm
disclaimer contained in the email she received the letter under. Oh, yes, a company would want her working for them in a heartbeat - LOL. Follows directions, check - oops, not. Adheres to confidentiality rules, check, oops not. You're absolutely right though, it is HER letter, but HER letter that most likely came with a confidentiality disclaimer.
Is this legal, for employee to be. SM
charged a fee to use company equipment to do company work? I know IC must provide his/her own equipment, but I do remember reading that employer must provide tools of work for EMPLOYEE.
Probably just want to make sure your legal
I have had companies request this of me to verify I am a US citizen. Probably nothing to worry about.
Legal Question
Does anyone know as an MTSO if we have to retain the medical records for a former client that no longer does business with us?
Thanks
Don't know the legal aspects, but why
would you want to keep records of someone who no longer contracts your services? They have the records there. The only thing I could see is if you have to keep them for a certain time period in case the client loses them.
Well, that info is legal....
Nice huh? 
I would think it is perfectly legal if it sm
is some kind of training you MUST learn in order to IC for the company. Don't see why it wouldn't be legal. I guess they can say that they no longer utilize ICs who haven't had this training.
I'm not saying it isn't legal to request it
I'm just saying it seems a bid inconsiderate. She isn't a new employee and she isn't an employee. She is an IC who has been working for them and obviously has handled their accounts for a while now. If she was a brand-spanking new MT to the company and clients, the request wouldn't seem so unreasonable.
If it is a new platform that they're rolling out, wouldn't it be more considerate to train the ICs online rather than expect them to travel for training at their expense? If she was an employee, the company would have to pay the expenses, but it seems they're just taking advantage of the fact that she is an IC.
It is not legal to withhold pay for
not giving 2 weeks notice.
That's not legal, to require you to
work when there's no work and no pay. If they require you to sit there at your computer for them, then they have to pay you. They can't MAKE you do it for FREE. I wish these companies would get busted for all the stuff they put us through.
Just wonder about legal issues. sm
When there is a lawsuit against a doctor or if a patient takes a case to court for some reason, will there be enough detail in the reports for a courtroom if a doc is using templates? I see problems in the future......
Did you see the job for medical/legal....sm
transcription for $1.10 per page? I cannot believe it! In 1974 I made $0.95 a page as a newbie.
No this is NOT legal! If you report them to the IRS...sm
and they are investigated they will be penalized severely. I am looking for an IC position just for the flexibility. If they dictate my hours I might as well be an employee and receive all the benefits that entails including payroll taxes and unemployment. I already have two companies on my IRS list.
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