what does your contract state?
Posted By: stillmting on 2009-08-01
In Reply to: This is unbelievable- Anyone experience this from a company - ICMT
Since you're an IC, I'm guessing you gave a contract to the client, right? What does your contract state about flexibility in hours? Time off? Rates?
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Do you have a contract? If so, does it state
when you will get paid? If you don't have a contract get one. If it states you will be paid by a certain date call the MTSO and ask about payment. I'd give it one week after that and if no payment no work.
If you are an IC, what does your contract state?
They can get into real issues with the IRS when they tell an IC what they are going to pay if it's a contract violation - that is treating you as a SE which affects the taxes they have to pay. So go back read over your contract and see what it says about notification of pay adjustments. Good luck - rotten thing to happen right before the holidays.
Unless something has changed, health insurance rates vary state by state, so we may not have the
info you need. I'm an IC so I don't have benefits.
You are correct. The state that rules is the state the employee lives in.
My state laws has is spelled out in their Code. If another state does not withhold, they are fined heavily and if they don't withhold for years, their fines are pretty bad. I worked for a Florida co that did not withhold income tax for my state even after I brought it to their attention in the state code. They kept saying that they would eventually and never did. After two plus years and when I left, I made it known to my state all the conversations, the state refunded me all late fees they charged me and then said they were going after the company in Florida because they had many employees in our state. They deserved it. They knew better.
The state you live in or the state where the MTSO is located? nm
nm
If company is in state that has no state taxes
they are not required to take out state taxes. It's enough to keep up with your own state tax law code, could you imagine having to stay abreast of 49 other state tax codes? The cost would be huge and ultimately passed on to us by lower line rates. Regardless of who owes the tax, someone has to pay it. Just a matter of convenience I guess.
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.
Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
Different state to state. You would be surprised to find
IC can be defined differently state to state. Even the IRS cannot come up with a definitive set of rules. You would be surprised how many ICs actually get unemployment in some states. If the unemployment claim form asks specifically if you are an independent contractor, do not lie, but if it does not, do not volunteer it. Let the company prove you are a true IC according to the rules of your state. All you lose is a few minutes filling out the claim form. I would only do it as a last resort. If you can find work fast, by all means go for it, but the way things are now with all the VR and off-shoring, it is a backup if you cannot find work. No one should go hungry because they are afraid to file for Unemployment as an IC.
They should take out state taxes for the state
nm
It varies from state to state
nm
Varies from state to state
My own state recognizes partial unemployment, too, when your work gets cut down to half of your regular workload/income.
They must deduct FEDERAL taxes.. NOT STATE taxes.. if they took out state taxes.. it would be FLORID
which would only have to be refunded to you for you to pay YOUR state what you owe them which is nothing but a pain... be glad they weren't handling your state tax.. and I think in this case.. if someone at the IRS told you they have to deduct YOUR states taxes.. it is that person who is uneducated... they only have to deduce federal income tax
It's in their contract, which they sent me. NM
.
Anyone know who has contract for...
Community of Ventura in CA...used to be M/Q but they lost it a while back and I loved that account, even the ESLs..worked on it for 5 years and I put out tons of work for them day after day....wish I could get it back....anyone working there?
If it's in your contract, yes... sm
I checked with my attorney a few weeks ago as I am going to soon be going to IC status. They can have you contract for a certain volume per day, completely legal. It has to be in writing. As an IC, you also are not guaranteed work, however, so if there is none, you're out of luck and $$ for the day. Unless of course you are lucky enough to have a clause in your contract that says you still get paid for being available.
They cannot tell you when you have to do those lines, but can tell you when the deadline for them to be done is. Most ICs I know specify that they can work Xday and approximately x hours or x lines or they contract to a volume per week, but hours are up to them as to how they plan to get those lines done.
I wonder how their contract
would hold up in court. Hmmm
Why? what's in the contract?
can't you be more specific?
Looking over their contract
I've actually been hired, I am just looking over the contract.
a contract is a contract...sm
and all its contents therein. Therefore, if it was NOT in the contract, that contract is void. Now, would you continue to work for a company like that?
MDI-MD CONTRACT?
As a statutory employee/independent contractor for MDI-MD do you have to sign a contract?
What does your contract say?
Isn't it usual to have to wait 2 weeks for the first paycheck? This also means that some day you will get a paycheck 2 weeks after you quit working there. Are you paid twice a month or once a month. You should have something in writing (contract) regarding this. Wherever I have worked and whether as an employee or an IC, I have always had to wait 2 weeks to get paid, so maybe you should check that first in your contract before you just don't work. If you are an employee, then you should have something in writing too that shows how this is handled. I also just noticed in your message that you submitted your first timesheet after working there for 3 weeks so maybe you get paid only once a month, which means you will have to wait till the end of September to see money. Just check the documents you have, and I am sure you will see something that explains this.
Did you have a contract?
That's something that should have been addressed in the contract. If it wasn't, you can do whatever you'd like to do.
I used to charge for keeping records as storage. Nuttin's free :)
Correct -- Got my contract right here ...
as a SE, MQ is required to take out FICA (SS) and can take out Federal taxes.
Individuals are responsible for state taxes.
contract worries
they have a contract that has the wording saying they can deduct money from your pay for work that needs to be edited. I didn't like that so I didn't sign.
Unless you have a contract with one of them forbidding it, sm
buy all means you are free. Years ago, most of the nationals had ICs only and had contracts stating you couldn't work for one of their clients for a period of one year, etc.
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.
Didn't you have a contract with them? nm
nm
Yes, had a contract and filled out sm
a 1099. Received checks without taxes deducted. All of a sudden deducted taxes, and told me I was staying employee like it or lump it. From what I read on these boards, this company is always low-balling someone.
Have you signed a contract with them yet? sm
I haven't even set up a time to train yet but I just faxed my contract in this morning and I am supposed to get my lanier sometime next week. I guess I probably pestered her; I would rather say I was persistent : ). I had another company with an offer standing and I didn't have time to wait around and let the other one slip by in case things didn't work out. Luckily, they did and I am very happy with my choice.
I know they contract with Spheris. nm
xxx
contract not always honored . . .
This happened to me, after several times of not getting paid in a timely fashion, even adding it to the contract didn't matter. I was working for the state I live in!!!!! They paid me when they darn well felt like it. Just warn the others is really all you can do.
Pay schedule contract
It is noted on the labor board web site - if you are given dates of pay they have an obligation to within a reasonable amount of time to send payment - reasonable being mailing of checks - as an IC you are a business - notify them of what they owe - and tell them effective immediately late charges will be added. I agree contact all you can and send the bills to the credit agencies and have it on their credit report - they can be found on line. You are a business, what happens when you do not pay a credit card on time - you get late fees -sock it to them and get your money - stop thinking as if you are employee - you are IC - treat them as a payor who does not pay their bills.
My account is 40% per contract. Most are
pretty good though. They have 20+ accounts and I don't know what others are like. Two or three more counts are coming on-line soon.
Rely on your contract - you did have one - right? nm
nm.
there's nothing wrong with the contract
why don't you call and just ask them, they are always helpful and friendly at the Porterville office (not Bangalore). Yes, they do outsource - it says global right on their website. If someone didn't know they outsourced before they were set up with them then they didn't do their homework. If someone couldn't get their program off their computer then they didn't set up an appointment to have support take it off for.
Turned it down after getting contract...sm
There were 2 objectionable sections to me. One indicated pay for QA but on further questioning, there were no specifics given on what would be considered necessary for pay or how much it would be. The other was a charge for tech support. On further questioning, they indicated why and under what circumstances, but wouldn't put it in the contract. I wouldn't sign it since those 2 items were so vague.
I had a friend without a contract
She was charged for the IT guy setting her computer in teh amount of 100.00 or something like that. Sounds low, yeah, but the MT never even started working or for some reason there was no work. Well 3 months later, she gets a bill from the lady saying she had to pay this money. The company is a lady name Suanne at p.r.n. Transcription, I believe in Florida, so beware.
Just because you sign a contract
doesn't mean you have no recourse. I worked for a company as an IC and my contract said that I had 24 TAT, was responsible for my own equipment and taxes taxes, had to abide by HIPAA regulations or get terminated, etc. The company I worked for (very small less than 80 employees) DID NOT comply with HIPAA regulations and I have plenty of proof. I'm gathering all the information I can before I see an attorney and possibly the IRS. One gets tired of hearing look at your contract. What makes them think THEY can break rules outlined in a contract and get away with it?
I've also been looking into IC versus employee status (on the IRS website) and it is interesting reading. Makes me wonder if this contract was ever legal by IRS standards (something else I will be looking into). It's time the tables turned on these bullies. They need to realize that WE are the ones that make them money not the other way around!
Do not sign contract
Having experienced this personally, it can be anything from an inconvenience to a devastating financial blow and, by signing the contract, no leg to stand on when it comes to getting your money.
No, do not sign the contract.
Find another company. There plenty out there that require set lines, but as an IC you shouldn't even have to commit to that. The true IC positions are hard to come by as this field is abused as an IC. JMO.
Contract concern
I am wondering why it would state the MT is working for 2 companiies and that the first company (OSI) should they not pay, then the second company (Alpha) only being liable for minimum wage. That sounds fishy. It is a violation of federal law to not pay, and to sign the contract, is that not my agreeing to only accepting minimum wage regardless of what I would truly be owed should OSi decide not to pay?
This is negiotiated in a contract between
the MTSO and the Client. Where I work, our pay scale was adjusted to make us more competive with other MTSOs wanting our account (which is major). We went from a straight cpl to a tiered system where the more lines we produce, the more we are paid. Lucky for me, it was not a cut because I had not been there very long. However, the ones that were at the top of the range had a pay cut.
Read your contract.
If you are an IC, you should have a contract. MTSOs need to be able to count on their workers, ICs and/or employees. Sorry to hear that you medical issues prevent you from meeting the required production. Maybe you should find another company who can afford to be more flexible.
If the contract states that they will reduce your pay if production is not met, then they are free to do so. I've not heard of a company who does this either, but you may want to read your contract and make sure things are being handled accordingly. Additionally, they have the right to end your contract (as in telling you to hit the road) if you are not meeting the agreed upon production. Seems like they are still trying to be nice by decreasing your pay instead of terminating you.
my company does - it's in our contract
I can see their point. The MTSOs have TATs to meet. If you commit to a certain number of lines per day and aren't able to make that consistently, the MTSO may have to pay a penalty for late work or the MTSO may have to offer an incentive to its other MTs to keep the work in TAT. The company I work for tries very hard to make sure that we all have work, but they expect us to work our scheduled lines to keep everything in TAT. It's a 2-way street.
I worked for MQ before and they didn't give a rat's a$$ if we had work or not. Of course, we were expected to make up time if we ran out of work, sometimes sitting at the computer for 12 hours a day. At least the current company I work for is decent about missing lines due to low work.
I also know that if you worked in-house, you could only take so much time off before they'd try to fire you or make you quit. Have you looked other places that allow you to work more prn? I hope things work out for you. I can understand your frustration, too, especially in this economy.
Just because you sign a contract it does
not mean you should not be classified as an employee by the IRS. I went to a seminar about IC versus employee 15 years ago, as my mom was opening up a temporary nursing registry and we were wondering what to do. Needless to say, all of our nurses and techs became employees, even though we did not offer benefits of health insurance or vacation, etc. We still paid into Social Security, Worker's Comp, etc., because the rules to proving your are an independent contractor are very strict would not have applied, and we did not want to take a chance. Back then the IRS was realing coming down on the status, and it looks like they need do it again soon.
awarded VA contract for 1 yr plus..
A total service-disabled veteran-owned small business set-aside (SDVOSB), seeking medical transcription services at various VA facilities. The solicitation contemplated the award of a fixed-price contract with a 1-year base period and 4 OPTION YEARS. RFP at 6. The RFP established three evaluation factors: technical, past performance, and price. The technical factor was comprised of three subfactors--quality of offeror's facilities, key project personnel, and management capabilities and approach--which were of equal importance. The technical evaluation factor was more important than the past performance evaluation factor and, when combined, technical and past performance were equal to price. The RFP provided for award to the offeror whose proposal was determined to be most advantageous to the government, all factors considered.
doesn't our contract
hold any water here with MDI not Transcend as I work for MDI. I was also hoping that maybe some shift diff would come on board too as MDI does not have it now but it looks like that may be a lost cause now too. We make so little as it is already. I'm so tired of being looked at as a production person, how fast can you type, do you know the terminology, and oh yeah please be an English professor as well. ERRRR!
doesn't our contract
hold any water here with MDI not Transcend as I work for MDI. I was also hoping that maybe some shift diff would come on board too as MDI does not have it now but it looks like that may be a lost cause now too. We make so little as it is already. I'm so tired of being looked at as a production person, how fast can you type, do you know the terminology, and oh yeah please be an English professor as well. ERRRR!
If this is stated in your contract
Then I would definitely push this issue. Evidently you were started with a lower than desirable rate with that little clause in there as bait. I would ask that they evaluate you, your work, and your reliability and make them cough it up or give you a why not. Good luck to you.
Never heard of it, my contract says 10 days.
x
Cleveland Clinic - MT contract - anyone know who has it? sm
I posted on the Main board also - does anyone know who has their transcription contract? I saw on the news today, where they did a face transplant. I would love to transcribe that operative report.
Any information is appreciated. Thanks!
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