when you sign a contract, you prove you are not an employee
Posted By: no name on 2009-07-25
In Reply to: tax implications - stillmting
if the company is looking for work done when they NEED it done, it is not called an employee.
Sorry to burst your bubble,but if they tell you what is expected and you agree to it, then you are contracted to do that work when they need that work done.
You all can argue all you want, but the facts are the facts. They do not have to use you as a contracter. They can find someone that is willing to do the work when the WORK IS AVAILABLE.
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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.
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.
I was ready to sign the contract. (nm)
.
Yes, but the MTSOs have to sign a contract
That they will use all US MTs for Stanford's work. They likely are the top paying hospital in the country and for that reason I think the companies comply as this is one account they don't want to risk losing. They have dropped many companies in the past because they didn't meet their expectations. Stanford is a prestigious hospital and they want every aspect of that conveyed.
I amend the contract or refuse to sign
I've been presented with a no-compete 2 times. Both times when I questioned the employers for more specifics, the info I received from them went contrary to what the clause actually stated. (I think they had just copied it from somewhere.) I told them if they had a presence on the Internet, then their market was the entire world and that if I signed that contract as stated, it would mean I could not work for anyone in the world as a Transcriptionist for a year and there was no way I was going to sign that. Both times the employers they said they did not realize this. They just didn't want anyone stealing their clients.
I refused to sign each one until I personally rewrote that clause stating specifically that I would not pursue any of their current clients, especially the accounts I was on, for a year after leaving their employ and that if I pursued someone but did not realize that entity was their client, I would not be held responsible (since I was not privy to their client base). That was it. Nothing more. They were more than glad to comply and said they were glad I told them this and would amend that contract for future employees, as neither one of them wanted to prevent anyone from working.
I'd consider possible court costs if you take the severance and pursue work. They might not win if it went that far but you'd still be at chance for possible hefty fees just to get the case dismissed and end up with less money and more hassle. Your lawyer should be able to give you a figure on this.
Did you sign a contract stating the amount
xx
Your point is...? If I sign a contract to work a schedule...sm
...then I am obligated to work that schedule.
If I happen to get all my lines in during 4 hours, then fantastic for me - but if I have contracted to be on for 6 hours, I still need to be on for 6 hours. A schedule is a schedule.
I was just making the point that I do not have to actually punch in and punch out.
i wouldn't sign it, but cross that out and sign
the rest
How do you know this? Prove what you say.
xx
You can do this but you need to prove yourself
They are a wonderful company. But, they work slowly watching you progress, in my experience. At first you start on 5 jobs a day and when you are released you are given a primary account with 24 hour turn around and you need to meet your line requirement. As time passes if you continuously meet line and quality requirements, you can ask for more accounts. If you stay flexible and are willing to work nights and weekends this is a plus too because there is more work at those times, everyone wants day. There is no set schedule, but you if you can be there when the dictators and backlogs are that is best. As well, if you have unlimited LD and not just thei internet the whole combination will ensure you a long full-time career at MDI. There are a lot of variables. And you need a lot of patience, but it can be done. Good luck to you!
Nobody can prove to me that I sent
an email if I DID NOT !
'DOUBLE EYE ROLL'
Because they can dig up enough liars to prove it.
We believe it because we need to.
- the schools get away with it the same way every commercial on TV, in magazines, and every other form of advertising gets away with it.
What about recruiters? They only tell you what you want to hear. They even get rewarded for being good liars.
The truth is, no school is needed by anyone to become an MT. Recruiters are unnecessary for ethical companies. Word gets around and they need all the bodies they can hire to combat the truth by coming on to boards like this and expounding on *all the money they make* - it is hard to know who to believe because they do it so well and we want to believe it.
Hope for the future? Yeah, right. How do you pay the bills NOW?
Which prove the point that
when ops calls asks someone if they can help out on an account, they have no idea if would put you into overtime or not. It's up to you to say, sorry, I can't, it will put me into overtime. Easy as pie :)
Well, I do, and have the pay stubs to prove it.
Sorry if you don't believe me. I didn't think it was possible either until I started at KS.
Sorry, but I have the paychecks to prove otherwise
Every account is different, and I lucked out and got two great accounts. My main account is a super easy ER account with heavy templates, which we get paid for, and I easily do 400-500 lines per hour on that account. My secondary account is a basic 4 hospital account, which gives me really long reports, and I usually do about 300-350 lines per hour on that one. So, it is possible to make that much money there if you focus and work hard.
I can't prove that they offshore, but...
I have seen things that lead me to believe that they do, at least sometimes.
I don't think they really have backlog issues. Yes they do send out a lot of emails saying we need everyone to help blah blah blah, but the work always seems to get done in time. With times the way they are, it seems there are plenty of people willing to work overtime to help pay the bills, so others of us don't have to. 
I was just curious how they can PROVE it was you, is all. nm
:
Do not think they care if they can prove it. They just
I do not think they care if they can prove it or not. If you watch any of the daytime Court shows like Judge Judy, it is almost impossible to prove Defamation of Character. I think Transtech just wants to send a message that they are watching the MTStars Board and are not afraid to try to track you down if they do not agree with what you post. It is just intimidation to prevent anyone from being honest in expressing their opinion. The Music industry did the same thing to prevent people from sharing free music – bring a law suit against a couple of people and everyone else is afraid to try it.
All it does is cost the defendant money to have it thrown out – and we all know how rich Medical Transcriptionists are that they have attorneys on retainer. LOL
12 cpl to prove you can and will work - Deal?
Deal.
Wouldn't they have to prove who the poster is and could
it being given to them by the administrator of this site? With providers such as AOL and Yahoo, that takes a court order. Is the private information of the people who post here at risk of being divulged to others not affiliated with the management of this site?
Also, how is it you come to know about this endeavour?
(this is not a flaming question, but one asked sincerely)
Let NM prove one thing you said was not true!! Is not possible.
and you were sure right when they are sticking it to you, in the same breath is you'll be so excited!
LOTs KS' MTs paychecks prove otherwise (sm)
$$$$ Mine included. Just do a search of the Forums and Archives. No need to beg for work with Keystrokes! If anyone has to beg to work with them to begin with it's probably because it is not the right fit. Calling to follow up on job interest and begging are two different things. If a company is in transition and very busy, then that's it, they're very busy. Just take it as that not as a luminous sign.
That's it for me! 
Appreciate your kind comments, but TT can prove itself on its own.
Don't pay attention to the naysayers.
TT does well and earns money for its employees to provide a safe good environment and job. All of the things we already know about TT on the board and in our lives speak for TT. It is nice of you to defend against naysayers, but TT can speak for itself and already has. More of these kinds of posts will just fuel the troll fire.
See my post below about breadwinner, defending TT's transcriptionists who provide health insurance for families. This kind of argument is a waste of time.
In other words, I think perhaps we could let other people on these boards talk about their stuff. And if we don't and keep up with this cycle, well that's okay too. People like me will quit looking on here for interesting new things and will work extra to make more money anyway. IMHO
Just did not want you to get your feelings hurt when you were trying to do a good thing.
And your posts more than prove my point!
You know companies that are hiring part time? Post their names on this board in answer to the original poster, for Pete's sake! There are thousands of hits a day on this site, and you think just 1 person is interested in a part-time position? You just want to help 1 person? Nope - I would say that your response has been a prime example of exactly what I was warning others about - someone who appears totally innocent, offering job help, but it has to be private. That goes against the fundamentals of this board. The majority of MTs who have no gain in any shape or form simply post the name of the company that might be hiring - nothing private necessary. Unless, of course, the person who just happens to know a company doesn't WANT the info public. And when the innocent MT gets involved and takes it one step further, a big mess can happen, just as your postings have shown. Again, my initial intent was not to spotlight you. You did that yourself. If I was in a vindictive mood, I'd even be tempted to post what I guess now are your initials along with the companies you happen to think might be hiring part time. LOL.
Again, how can they prove it was here that posted that comment. nm
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This is the thing that TT will use to prove their case
If you agree with the poster DON'T post your agreement!
Keep it to yourself.
Make sure you can prove your facts before posting, please.
This does nothing but create confusion. I talked to someone in management there today (I'm not with Webmedx) and if anyone knows what they're doing, this person does. They are NOT shipping their work out! Now they have clients who choose to share their work with India, but that's not something Webmedx can control, nor does it reflect on their business.
Chicken Little, make sure the sky is actually falling before you speak next time.
Nope. The PC is mine. I bought it and I can prove it. sm
I spoke with someone at Webmedx who told me that what they are monitoring is the VPN traffic and not the any of the MTs PCs. He said that would be illegal.
I don't know if this is the truth or not, but I have found some handy softwares to protect myself just in case this criminal act is happening on my PC.
Appeal it & make them prove misconduct.
x
So easy to say you had 73 as you cannot/wouldnt want to prove that. All heresay at this point
s
Prove it to me then. I'm open for discussion. You can email me at admin@mtstars.com
/
Statuatory employee versus regular employee....
Can someone tell me the difference between a statuatory employee versus a regular employee? My company offeres IC or SE status....I am confused about whether switching over the SE would benefit me more than IC status that I have been for some time with them? What are the benefits and disadvantages of being an SE versus IC? Thanks for all of your help!
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.
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.
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.
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.
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
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