Update - saw my attorney and filed for
Posted By: unemployment today. on 2008-10-31
In Reply to: Fired from position for NO reason. - sm
Two people at the unemployment office told me I have every right to claim unemployment. My attorney looked over my contract and apparently the owner didn't cover all her avenues and he found a loophole and told me to file. BTW - one of the ladies at the unemployment office told me they are seeing more and more MTs filing.
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Complaint filed
I think we all should go online and fill out the complaint form and mail it in along with a copy of all the complaints on this site. I would love to see that disrespectful SOB do some jail time.
I just filed complaints to the IRS..........SM
and sent copies of some of these job ads asking for ICs and listing a shift. I am fed up and sick and tired of this.
filed for partial unemployment
I don't know completely your situation, but a few years ago, I filed for partial unemployment while employed at a service b/c the workload was extremely sparse and did receive it. When I filed, I also went looking for a new job and found one within a month.
My suggestion like others is to start looking now for a new job, but if the workload is low, you could possibly get partial unemployment now until a new job is found. Every state is different, so you would have to check with the unemployment office in your state regarding benefits, insurance, etc. Good luck in your search!
I "thought" that if you filed in your jurisdiction
naming her jurisdiction as the jurisdiction that handled it that courts would send it to that jurisdiction and have them handle it. It seems I did that once, but I could be wrong. I sure would not want to tell her wrong.
Anyhow, it is still possible to do that and not have to leave the house other than to get that paperwork to the proper court. Do not let her get away with it.
hope you have filed for temporary
alimony and support, even TX has temporary alimony. good luck.
Anyone filed a complaint after not receiving a paycheck? sm
Stopped working at Breitner 3 months ago. I never received my last paycheck, and the one before that was short by $100. They owe me about $1,000 total. I am not counting the 30% trimmed off my line counts for 8 straight weeks in Extext to cover headers and footers when it really only equals 5 to 8 lines. Has anyone ever filed with the labor board on them? Just asking because I have read posts on here that they threaten & just want to see what I am in for if I do file. 
once filed, both parties must appear at small claims
court. If party that didn't pay doesn't show, then a judgment will be made against them. If the person filing the complaint in small claims doesn't show, it will be thrown out.
I got mine almost a week ago and already filed. You might want to call them.
x
Has anyone filed bankruptcy, had a credit report
I give up :(. I'm going to file bankruptcy but I'm concerned I won't be employable after that with another MTSO (or any other company; they almost all require credit reports these days).
This is not frivolous litigation-Filed by FLSA nm
nm
I keep mine filed per year with my taxes.
In the event of an audit, I believe they can go back 7 years.
P.S. - If your company has filed form SS-8 ask for a copy.
If they won't give it to you, see if you can get it from the IRS; I believe you can.
And, of course you can still file your own SS-8 even if the company has filed it. I'm not saying an MTSO would LIE on the form they file, but anyone can make a MISTAKE...
I just filed 2007 taxes for gross income of $52,341.
NM
attorney
Honestly, i would sign, collect my severance, and get another MT job. They have NO right to tell you who you can work for and that basically you have to leave your trained profession for a year. You know the MT business you cannot leave for a year and expect to get any kind of job again.
get an attorney
Absolutely get an attorney and go to your state labor board. They can take it much further than you can. Do you have any idea who is doing this to you and why? Your employer is unbelievably short-sighted and your co-worker - I don't even know what to say about that person! Best of luck. I am so glad you have some evidence.
D is an attorney
Just as a piece of information. Of course, she'd tell you to serve on jury duty.
All these weeks/months that the MTs from MDI have not had enough have been during the preparations for this merger. D was just taking care of herself -- she traded you all in for her retirement fund. She may have always talked like everything was about family, but at the end of the day, it has always been about business. I'm not a current MT with MDI, but worked there long enough to understand her personality.
Best of luck to all of you!
Attorney D
Thank you for the reminder about D being an attorney. I had completely forgotten about that. For me, that fact explains her actions a little better...
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.
NO, they cannot! I consulted an attorney about this.
The consensus is that no one can prevent you from earning a living. Noncompete clauses aren't worth the paper they're written on and can't be enforced. What are they going to do, taunt you about being a traitor? Tell them kiss off and talk to your attorney IF they ever find out about it.
About contacting an attorney - sm
I too would like answers because half a truth is worse than a total lie because you mislead with half the truth and do much damage. Please clarify these issues for us.
1. Why would the company go to all the trouble to pull this two-bit prank when they could just say good bye to you if they wanted to. You have been ranting to all of us on shift with you for months about how you have been mistreated and were going to sue the company and demand unemployment. You did not tell the good MTs here who are ready to take your side and defend your position that All Type has a 3 strike rule and that you have told several of us that you were written up once for failing to make production of 1200 lines a day and then spewing some pretty foul language in an email to a supervisor about them making you do OP notes and type ESLs and how that was not fair to you. It is an acute care hospital. That is what we do. Do you remember telling us about being written up for falsifying your time card? Honestly, that is pretty serious. If you were the one telling us that, i cannot even imagine what you are not telling us and what your personnel file looks like.
2. I have not seen anyone leave, voluntarily or involuntarily on our team in some time. So who are you referencing when you say a lot of people quit or were fired. No one stays at a company that is horrendous and unfair out of the kindness of their heart. Are you telling us you just felt sorry for the company and the management team you hated and stayed to help them out?
3. Evidently you believe that you are a very high caliber employee and MT. I would think you would be able to go anywhere and find a perfectly wonderful job. I know most companies are just begging for real talent. Unemployment is probably your only alternative because we both know that you are NOT capable of working in any acute care setting - and unemployment and legal sources are going to laugh you out of the offices if you tell them the truth! Even if you fail to tell them the real story, your history is well documented.
4. From all of the foul statements you have made about this company and their management for months and threatening legal ramifications if they mess with you - I wonder why you would want to be a part of a company that you have made clear to any of us who will listen how much you hate All Type and all of the management. I also wonder if you do not know that from the beginning when you started making statements to the rest of us about lawsuits - that the company most surely handed your file over to a legal team. I suspect the legal department has been involved in all of this for several months.
Good luck missy. I have worked with you for well over a year and your professional behavior and abilities leave a lot to be desired. You have been so disruptive that most of your team has blocked you from IM and we are all glad that your drama from 4-12 everyday is finally done. You should have been doing your job instead of driving us all crazy with your IMs and maybe, just maybe this company would have valued you. As it is, what goes around comes around and your cheating, backstabbing, and lies came back around to you. I salute Karma!!!
Not an attorney, but have 2 in the family ...sm
My son-in-law is a newbie lawyer who does have an interest in labor law and the like. I've had numerous conversations with him re. the MTSOs and all they're able to get by with. Regarding your post above, the difference is ASKING YOU TO and REQUIRING YOU TO.
In any job paying on production, if there's no work on your shift DUE TO NO FAULT OF THE EMPLOYER (and this does NOT include having sent your work to VR when you on a straight MT shift and you're out of work) they may REQUEST that you make it up at a later date - this must be a mutually agreeable time. But THEY CANNOT REQUIRE you to make up work at a specific time - they must pay you minimum hourly wage for your time in that case.
Try the Attorney General's Office...
for your State. Worked for me and I was an IC. Got my last check. Good luck.
Disagree. One letter from an attorney
to their clients would change this picture...
They broke the contract first by not paying according to agreement; that's all I'd need to either contact the clients directly myself or pay $100 bucks or so to have an attorney do it for me...
Again, you aren't looking for payment by contacting the client, you are advising them in advance that you are suing their provider and that they should be prepared to turn over documents/be subpoenaed.
Or, just roll over and hope the company chooses to pay you. Whatever.
Have an attorney send them a letter with
a copy of your contract. Also, as poster below says, look for a new job.
No Texas and will be seeing my attorney tomorrow.
?
Take it to your Prosecuting Attorney's office
They will quickly act on it. She will pay or be arrested. If it is for more than $100, it is a felony charge.
The only way I got my money is by sending him a letter from my attorney.
Essentially, all I did was go to a lawyers office and have them send the guy a letter of the amount owed otherwise face legal action and the guy sent me my pay. Callstreet will tell you that they will pay these great rates and then when you do the work and in the time frame they want, when you see what you are ACTUALLY being paid is SIGNIFICANTLY lower. This is an Indian guy who uses anyone he can get his hands on and then screw them out of hard earned money. They conference calls are brutal to get turned around in an extremely short period of time and then to get screwed out of the proper pay is a slap in the face. He does the same thing to services he uses overseas, too. I've seen posts on an Indian website about this guy cheating them out of pay, too.
Also contact your state Attorney General
consumer fraud division. Contact the local TV station that has a department for such fraud and ask them to investigate. Once you go public, you will be paid. Best of luck to you.
I'm sure the attorney has time to "live on this board" like we do. nm
x
Being a small MTSO myself, the second attorney is correct sm
Honestly, here in the Northeast, the courts will not uphold any noncompete clause written in that manner, signed or not signed.
If it affects your ability to make an income and provide for yourself, it will not hold up in a court of law in the great US of A.
My attorney told me that noncompete clauses
are illegal and not enforceable because one person cannot stop another person from making a living EVEN if you sign that noncompete agreement. I went through it with both a pharmaceutical company and a transcription company trying to prevent me from working for their clients or competitors. I can see their point as an independent contractor when it comes to offering the same services and essentially stealing their clients. However, as a former employee, nobody can tell me who I will or won't work for. The second attorney is correct, and I would follow his advice.
Report to BBB, then contact attorney general's
xx
We all need to band together!!! And we DO need to contact an attorney. This has become CRIMINAL!
This is not legal!
Hmmm but interesting....will the attorney actually be able to find out WHO is posting?
I thought this board was secure and identities were not revealed????
call attorney general and do not work until paid
that is BULL
what kind of attorney did u all hire and in which state? What if u are spread
all over the US and there are like 8 that were not paid? Do we get an attorney in the same state as the loser who did not pay us? Or what is your advice there? What did u do? How much did it end up costing u? Plz reply via email if you want.
make complaint to your state attorney general sm
google.com you particular state attorney general and read up a bit. Here in California I know I have read things in the newspaper where Jerry Brown was investigating this or that and taking action, scams was one thing. Type up the problem encountered, find the website and send an email with all the facts (complete) so that enables a proper investigation. If nobody complains, they get away with it. They depend on people not knowing what to do, or feel, what is the use.
Here is a link for my state, can click the titles, they open
http://www.google.com/search?hl=en&source=hp&q=california+state+attorney+general+consumer+fraud&rlz=1R2GGLJ_enUS333&aq=3&oq=california+state+attorney+g&aqi=g6.
Contact the Labor Board, the Attorney General's office,
send them a certified letter with return receipt giving them 10 days from date of the letter to issue you your money. Be sure and keep documentation of everything.
contact the attorney general in the state she is in and the better business bureau and
call the local newspaper and something like ABC on your side. Put the heavy duty pressure on her.
Funny some of us were written letters by company attorney when we posted our concerns here
:(
What was the update?
nm,,
Update
It was a very short update all was said was it was now done to one other company and this part of the process would take 30 to 60 days. It also said that the other company was not Spheris, MedQuist, or HCA. I plan on staying right where I am and see it through the end.
UPDATE
I am not the original poster, but I am the one who had been told that I should be patient because they get 150 emails a day, that I did pass the test, that I should not return the call because they are always on the phone. Well, too late Keystrokes. I took a test on Saturday for another company and was offered the job on Monday and I accepted.
Update
I would like to thank everyone that emailed me. I finally got set up today, and am working away.
D&L UPDATE
Word is they are going to crop up as another name - beware when applying - take all information you have on this company and beware if new company pops up with same people. They are still doing business as D&L, and have some accounts and actually some MTs who have not left - but they will be another name as soon as the paperwork goes through - be careful - try to call them - chronically busy - web page under construction - snakes in the grass very very sneaky.
They are still dealing with the mess and it will just roll over to the new name when it comes.
If you ask me, what they are doing is dodging taxes again and scamming others, eventually it all comes out in the open.
Their everyone telling lies on us attitude won't work for long.
Update
Webmedx does charge a deposit and if this is Transtech they don't supply computer.
D&L any update?
I was wondering also if the MTs were compensated yet? Let's keep this D&L situation active until we hear they have been paid. It's such a terrible situation for so many.
D&L Update
No, they have NOT paid the majority of their ICs in part/in full. How do I know? Because I am a former D&L IC caught in the middle of this fiasco. I haven't been paid since the end of June. They still owe me for 3 weeks' earnings.
As to your other question, are they still in business. That would be a yes. They are currently HIRING too. I feel sorry for anyone who accepts a position with them.
As far as what is being done against them, I'm not at liberty to say. I really don't care much for the Marino's at this point in time, and do not want to give them any clue as to what the next step/possible step will be against them. It would be unfair to discuss any actions publicly on a message board when there are 30+/- of us involved still suffering financially because of those 2 SELFISH and DISGUSTING people, John and Donna Marino. They truly are in business for themselves.
Thank you for this update! nm
s
Update?
with all the recent new employees of TransTech, can any of them give us an update of how it it going, I know they had a real hiring frenzy and a lot of information was shared on this board, just wondering if any new hires care to share their experiences so far.
Yes it does. Here is an update.
It took longer than expected to receive my foot pedal due to the fact that it didn't get sent out until several days after I thought it was going to be sent. Anyway, I finally received it, let them know I had it and the next day they had me up and running with training. I've only been working for the past three days and so far everything seems to be going just fine (although it seems like I'm getting the most difficult dictator on this account to start off with). I've had very positive feedback and much encouragement.
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