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the issue was her legal right, steps she can take to get paid.

Posted By: mt on 2008-03-20
In Reply to: Don't know the exact issue, but money will be - not op

thats all.


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I agree. This sounds like a legal issue. If not, it could turn into one. You need to
x
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? 
Simple -- 5 steps
1) Do NOT answer the phone if it is not about your child or your husband, period. Get an ans machine and check it on your breaks. It is your responsibility to treat your job with respect and spending your time on personal calls is not respecting your job, your pay, your finances. You're an adult; you can do this.

2) Try to arrange your appts during nonworking hours.

3) Make an alternate schedule for yourself that you can commit to when appts or emergencies call you away.

4) MAKE everyone aware that you are working during ## hours and that you are not to be interrupted, then do not ALLOW them to interrupt you. If you answer - you are allowing it.

5) Define what really constitutes an emergency to TAKE YOU AWAY FROM WORK and stick by it.

It sounds as though the phone is your biggest problem. Simply stop answering. Let everyone handle their own problems...they are adults, too.

If you take control of your phone calls and have an alternate schedule for true emergencies (I mean - child/hubby sick, etc.), then you'll be able to handle unexpected/unplanned pressing needs such as your cousin (going to Iraq) dropping by!

Make YOUR time the most important time in the world. Because it is!!!
and there are more steps than typing. nm
//
Career Steps
Everyone seems to want to hire Career Steps people. I went to Ashworth Career School online. I thought I was doing fine there, I liked the convenience of the course and the low monthly payments. But, they are not very recognized by MT companies.
The voice of reason steps forward.
nm
10 steps to start a union (google.com)

I know Canada has an MT union.  Can Google that


LINK 


http://www.pej.org/html/modules.php?op=modload&name=News&file=article&sid=7592


Taking the steps to leave Spheris - 10 years!
 
Training on the system, not paid, but if you are physically typing reports then you are getting paid
nm
Oh, yea -- PAID, too. Grandmother PAID LEAVE would be a great drawing card to TT !!

Just love that PAID TIME OFF !!


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?


Any company that makes you wait to get paid until they get paid by the client
is not a company you want to get involved with. That's part of being an MTSO, figuring out how to cover your payroll while waiting to get paid. I would stay away!
Is this a live count of lines paid for or same as CTRL I that we do not get paid for ?? nm
m
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.
What they are doing is legal and normal...
What they are doing is pretty typical, and legal. FMLA allows up to 12 weeks per year, BUT that is with a doctor's note. For the birth of a child, 6 weeks is typical. Most OB/GYN's approve you being off for 6 weeks for a normal delivery and provide a letter to you stating that.

Personally, I think even 12 weeks is far too soon to return to work, but that is just my opinion.
I've seen their ads for MTs and legal transcription
However, I'm pretty sure this is the same joint that is selling a $25 MT "course" on ebay. Sorry, but I find that to be just a bit sleazy and would not work for someone engaging in that sort of business.


So is there a service that specializes in legal?
Tell us more.