?legal recourse for nonpayment
Posted By: Dianne on 2008-06-19
In Reply to:
Does anyone know where to start to collect pay owed by a Transcription Company? I was absolutely harrassed into quitting because the CEO didnt want to break my contract I guess. Now I am having difficulty getting my checks and they owe me for 2 pay periods. I do not know where to start other than contacting the labor board and BBB. Being an IC I am not sure the Labor Board is the right place to start.
Ty
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Your only recourse is to have them at your house. I see the same SM
thing in my family.
A lot of legal transcription and legal jobs in
 xx
What to do for nonpayment.
 I did some overflow work for another IC in February and March. I was paid for the work done in February, but have yet to recieve payment for March. My emails are going unanswered and I don't have a phone number for her. I am livid. I need the money. I have all emails that had ever gone between us saved on my computer so I have plenty of evidence to show what she agreed to pay and what dates she agreed to pay me. I'm not sure if I should call a lawyer at this point or not. That would cost money I don't have.
I'm beginning to wonder if she intends on paying at all. She cut the time I was with her short by sending me files on a day I specifically told her I would not be working then got angry and told me I am unreliable when I was not there to do them and return them in the 12 hour TAT. I've never run across this before, but is that a tactic used to justify not paying? I'm fine with her deciding she no longer wanted/needed me, but I expect payment for the work I have done.
Anyone have experience with this type of thing and any advice. Thank you!
nonpayment
Here is what I suggest - make copies of all emails - and send to her via email noting a 15 day period for receipt of money owed or you will be retaining a lawyer and she will be responsible for lawyer fees and court costs. Send the email with a receipt requested - ALSO - copy that and the other emails twice - save one - the other one mail certified return receipt to her, get the receipt when arrives and go to a lawyer that will accept fee on winning and all cost from her. - Sometimes just the scare tactic works - but you must be absolutely sure you are right on with what is owed, one wrong item and it could cost you problems.
Nonpayment
I had this happen to me too a couple of years ago. I worked my behind off for this lady, worked through the night typing IMEs. Ended up being owed over $600 and she said it was mailed, she said she mailed it again. The sad thing is that I worked another week and a half (and another $200) for this lady before it hit me that she was not going to pay. I was nice, but firm for another 2 weeks but then called her every day for a week with promises for three days that it would be mailed that day, the 4th day no answer, and the 5th day her husband answered the phone and told me I had the wrong number. Now it actually took me a minute to realize that I had her programmed into my phone and so NO WAY it could have been the wrong number. I called back and left a message, sent an email, and sent an IM that if I was not paid in 3 days that I was going to contact the doctor myself and ask for payment or at least an expected date (she tried to give me the doctor has not paid me excuse). Now fortunately it said nothing in my contract about contacting the doctor directly. I know this would not be exactly professional, but I felt like I had no choice. I do not work for free or for the fun of it. I really enjoy MT, but I do need to get paid so that ...... well you know so I have a dry place to keep my computer and food to feed my children, you know silly stuff like that. I got a paycheck the next day in full and fortunately her bank had a branch in my town so I took it directly to her bank and cashed it. I did not want anything more to do with her! I hope that you are able to get paid. I do not understand when people do not pay. You know the sad thing for her is that if she had told me that she had some financial troubles, I would have done my best to work with her, but no she had to lie over and over and then finally made me super angry (insert much stronger word here that takes me a long time to get there, but when I do watch out) when she had her husband answer the phones and then I knew it was no longer time to be nice. Sad really we are expected to go without sleep, without time to eat healthy, without seeing our families all so that they can get work to the doctors on time and keep their accounts, but then think that we are not too smart as to go without getting paid!?!?!
Nonpayment
You'd really have to look into filing an action in civil court being an IC. And you have every right to do so! Good luck and I'm sorry that this is happening to you.
Nonpayment - sm
I had success with reporting the MTSO to the state labor board. They took immediate action, and I was eventually paid. I turned their name in to the BBB, but got payment through the state labor board. Hope this helps. Good luck.
Nonpayment
1) Send letter of demand for payment within 10 days return receipt requested; 2) when they fail to pay, file in small claims court. Been there only let it go on too long. Send no more work to them.
Nonpayment
Please email me separately and I will tell you which company it is. I do not feel it is right to post their name on this board at this time. Thanks.
Nonpayment for Services/BBB will not take report...sm
Hi, I would appreciate any help as I do not want this to happen to someone else.
I worked for a short time for a company who did not pay me. The BBB says they do not help with collection of this type (which I understand), and she said she could not put a complaint against this company. I tried to tell her that I just do not want it to happen to anyone else. Before I started with this small company I did check the BBB for complaints of which there were none. Now I know why. You can't report nonpayment of services to the BBB (or at least that is what she told me). She gave me the number for the US Dept of Wage and Hour or something like that. The lady will be gone until 07/02. However, I am not sure that this is the right place to report it anyway since I was not an employee.
This lady jerked me around, had me buy equipment (although as she said I could have worked without it), told me I would make 10 cents a line which 2 days before I quit said no it was only 9 cents, and gave me virtually no instructions. I daily had to beg for work which would arrive whenever she wanted to send it, and she had excuses for everything, i.e., her assistant had surgery, she was sick, she pulled an all-nighter, the doctors needed time to adjust sending it to a different box, etc.
We did not part on good terms, but I do have an email from her stating that she will pay me as soon as possible.
Has anyone else had something similar happen to them. To be quite honest I have pretty much given up on actually receiving the money but I don't want it to happen to others. It is a very small company. I could take her to small claims but for $300 I would have to drive 2 hours each way to file the claim, drive 2 hours each way to go to court, plus take at least one day off. It does not seem like it would be worth it. The BBB suggested a collection agency which I may try. I probably would only get half, but I would have the satisfaction of knowing she paid the entire amt.
Any suggestions would be very much appreicated.
Thank you!
Legal or what? IC help.
OK, I need some IC help please? I just quit my IC position and was told after the fact that I would NOT be paid for my last 30 days of working because I did not give proper notice per contract. Well to make a long story short I didn't sign a contract. So what would you seasoned ICs do? 
This is not legal
Sorry but this is not legal and if you get caught it can be insurance fraud with big consequences. Legally and morally you should not be on his insurance coverage, if you chose to stay on it, live with yourself and the fear of "getting caught". This is where our morals are going down the tube in this country. Lie and cheat to get what we want and something for nothing.
Med-Legal
if anyone does work for CMLS doing med-legal docs? If so, any feedback, good, bad, or indifferent would be appreciated. Thanks!
What I was doing is legal. sm
I was using a trial version to see if I liked it. I paid to have the complete 2003 version put on my new computer. I would not use a bootleg version software for work. That was my point. However, I hate to pay that much to put it on my son's computer just so he can take a single high school class. I may have to work it so he can use my computer to send his work in, because he needs Word format.
Regardless of whether it's legal or not, I think
At a time when hundreds of thousands of American jobs have been lost, with surely more to come this year, sending ANY job overseas that could be done by a better-qualified American is wrong.
Of course, they're not going to outlaw offshoring. But it needs to stop being such a cash cow for American businesses. Many of them know what they're doing is wrong, but do it anyway in order to make more money for themselves. Or they do it because they don't have the backbone to stand up to medical institution management who cuts MT expenditures because they basically know little to nothing about MT. To them it's just something they can easily cut without any guilt, because they don't have to face those workers every day in person.
The government needs it pointed out to them that there are at least 2 major benefits to taxing the offshoring of American work: (1) More money paid in taxes by big business, who can afford it. (2) Fewer Americans out of work, and once again paying taxes and contributing to the economy again, instead of having to RECEIVE money from the government in order to survive.
Regardless of whether it's legal or not, I think
At a time when hundreds of thousands of American jobs have been lost, with surely more to come this year, sending ANY job overseas that could be done by a better-qualified American is wrong.
Of course, they're not going to outlaw offshoring. But it needs to stop being such a cash cow for American businesses. Many of them know what they're doing is wrong, but do it anyway in order to make more money for themselves. Or they do it because they don't have the backbone to stand up to medical institution management who cuts MT expenditures because they basically know little to nothing about MT. To them it's just something they can easily cut without any guilt, because they don't have to face those workers every day in person.
The government needs it pointed out to them that there are at least 2 major benefits to taxing the offshoring of American work: (1) More money paid in taxes by big business, who can afford it. (2) Fewer Americans out of work, and once again paying taxes and contributing to the economy again, instead of having to RECEIVE money from the government in order to survive.
legal
Have you thought of doing legal transcription for a company? I don't know of any, but I wonder if there aren't some out there? Makes sense. Hope your travels are fun!
Of course it's legal - It's Your Job
Are you working for an MTSO? They may even decide to put you on a new account every other day! Yes, they can do that. Have had it done to me many times. Had to get used to it. You have not really given this a lot of time. With time comes experience and $$. You will become more knowledgable and faster at what you do. It does really matter whether they did it now or later, you would still be on a new account that you did not know. Besides, you said yourself you are struggling, what if you like the new account better!!!
The last of my brood will be legal age when I'm your age.
Originally, we had planned on retiring from our jobs and being done raising kids by 40 years old. It didn't work out that way! LOL There's something to be said for having kids later in life after your career is established and you've learned patience.
Legal transcription
Has anybody transcribed legal notes? If so, did you find easier or about the same as medical? Just curious.
Legal Transcription
It depends what type of law is involved. Patent/tax is dull and boring. I worked for years as a legal Transcriptionist for an auto company in product litigation. This was not boring. As far as difficulty, medical transcription has much more to learn.
Call Legal Aid and sue her
.
Legal action
First of all, my condolences to you and your wife. I feel for you. I lost an adult child 14 years ago. Among the many aspects of grief, the realities of your deceased child's legal affairs can be a nightmare. I am not a legal expert and I don't know if any legal changes have been made in the past years. At the time our son died he left behind a student loan for $13,000.00 and a personal loan for about $5,000.00. He was over the age of 21 when he signed for these loans. It was a nightmare for me and my husband. These creditors hounded us and threatened to get the money from us even though our son was 23 at the time of his death. One creditor even tainted our credit report because my son and his father had the same name. It was a complete nightmare for a couple of years. We sought legal advice, send copies of the death certificate to the creditors several times, and eventually things got straightened out. In your case you have an individual who claims money is owed to him. Did you daughter have a will? I assume she was still legally married. I would definitely seek legal advice. I doubt this individual can force you to pay on her debt if there indeed was one. However, you can stop the harassment by legal means. Seek legal counsel. The last thing you need is this aggravation. My thoughts and prayers are with you.
not a legal anything anymore
You really need to speak with an attorney about this. I see several issues: 1- she was not divorced, as I understand it, so her husband might have rights to the m/c; 2- Dependant on the existance (I spelled that wrong huh) of a will, who knows who actually owns the bike; but, 3- if the bike is in her name on the title, and there is no leinholder, odds are, the seller has no legal footing (unless there's a contract of sorts with receipts to verify his legal standing).... it boils down to, talk to an attorney in your state, laws vary so much state to state.
I'm so sorry for your loss, and so sorry this had to pop up to get in the way of your grieving and healing process.
Has anyone ever done legal transcription? sm
Just wondering what it is like, how you get into it. Thanks for any info! Have a great day.
Legal Transcription
Yes, I have done legal transcription before I became an MT. I absolutely loved it! It wasn't just depositions (which weren't that bad to me), but letters, all court documents, everything involved in a legal office. I had no problems with it. This was about 10 years ago. It was a temporary position, and I was later offered a permanent position with them which I would have taken in a heartbeat had I not been pregnant for my now-9-year-old son and in the process of moving. Actually, at the time I worked there, it was considered a legal "word processor" but most of the work was transcription from tapes. It was great!
No legal training, but...
I did have secretarial and word processing experience. I think my average wpm back then may have been about 80-90 wpm. I would definitely recommend it to anyone who likes to type/transcribe and is good with the English language, grammar, and spelling!
It probably is legal but certainly not ethical.
,
Legal issue
Received an email from the company with an attachment that says we have to sign it, giving them the right to access at any time our email and computer files. We do not have email through the company and the computer is mine, not theirs. Why would I be required to sign this to keep my job? It's none of their business what's on my personal computer or what's in my emails!!!
Legal issue
They have absolutely no right to your private emails or personal files. If it is your computer, they have no legal right to access it in any way, actually, without your permission.
Check with an attorney.....I did.
Legal issue
My business attorney said NOT to sign such an agreement. They are free to access my MQ computer but not my personal computer. We have confidential financial data on there.
Not exactly ethical, nor is it legal. nm
I was told that it's not legal.
You have to own the CD of the music you're downloading to your MP3 player. It's the same as burning copies of movies and CDs for people, which is not legal either.
legal proceedings sm
I was told by one MTSO that once they sign it, "they own it," but I never did aspire to that rule. I called each client individually before I changed a report to "save them" from making a mistake. I believe that most lawyers would go to any length to pin an error on anyone. I also did court transcripts for awhile and the lawyer asked the doctor on the stand how he dictated his reports, to whom and what the initials at the end of the report were. The report ended up being transcribed at a service I used to work for via their telephone system. I do not know the outcome of the case or any other involvement, as I only did part of the transcript, but believe me, you should worry. I don't want to lose everything I've built up in my life to greed. Be really careful, especially when someone else can edit what you did under your initials. This is why I am so against "editing" and worry about how much anything I transcribe could be altered. I always refused to give out "disks" accompanying my dictation, stating that I would not allow "altering" of my transcription. Think I'm being an old "fuddy duddy" I am sure, but I can sleep at night. Be aware that this is a sue-happy world. Would love to hear if anyone ever experienced going to court. Please come forward or was asked to alter a record that was going to court.
Legal Transcription
Hi,
How would a person go about getting into legal transcription from medical transcription? Would you have to go to school for it or is there an easier way?
Thanks in advance.
I went from legal to medical
I originally went to school for legal secretary/transcriptionist, but had a hard time finding a job with any benefits. So, I went back for medical secretary/transcription and have been doing this for 9 years now. I found that they really are two totally different areas. Granted, you have the heads up on knowing how to transcribe, work, etc. I think you would need some medical terminology classes and anatomy as many words sound the same, but spelling differs depending on body area you are talking about. There might be an online course or something, such wasn't the case when I went years ago.
I wish you the best!!!!
Legal transcription
Excellent idea. I think I'll consider it as well! Insightful perspective, especially if MTs have to carry some sort of Errors/Omissions insurance as was talked about in AAMT.
Boston Legal!!!
and Survivor, Apprentice, and Monk. I tape most of them and watch them if the system is down or when I have ***precious time off***
You want Legal Eagle I believe.
,
someone must know someone in legal field
nm
Legal documents
I worked for an attorney for a while and also have a 2500 page transcript from my BIL's federal drug case and everything was done on legal sized paper - lots of quotes, etc. I wouldn't do editing of that sort of work for $1 a page - or even $3 - $6-$10 - yes. There's probably more money in that than there is in transcription - we MTs just haven't found it yet.
Legal question
I don't know what you can do legally, but I would definitely contact the client and straighten out any damage she may have caused.
What you're trying to do is not legal.
You're trying to use one copy on both computers. That's why you're getting the message. If you want it on two computers, pony up and buy a legal copy for the second computer. You may not like it, but it's what the rest of us have to do.
Legal transcription?
Talked to my friend. There are books for it too. Not as hard as medical transcription!
Legal question.
As a employee with benefits and 4 years with a company, is it legal for them to call you and say they no longer need your services without any notice?
Is this legal or just not very smart? (sm)
I have a cardiologist who dictates from a template. Even if he does not mention things from the template, they are to be left in (negatives and positives). This includes in the PE a respiratory rate of 12. He never mentions it, but I have been told to leave it in. The odds of every patient he sees having a respiratory rate of 12 are pretty astronomical, and I think a lawyer could have fun with this if pressed. My supervisor agrees but feels we should give the client what they want.
Why would there be legal implications?
It could be quoted to establish the patient's state of mind, intensity of his pain, intent for some action, or for any reason. If it is a direct quote we transcribe it verbatim. If it is something at a particular doctor dictates frequently and morally you do not feel you can transcribe it, then tell your MTSO/supervisor you don't want to transcribe for that doctor/account any more.
Different legal approaches perhaps, but
still company is required to pay for contracted work. If you fire an employee or contractor, you still need to pay the person what is owed to them. I am sure the state board would be interested either way and I called and left a message. Will continue to work on it until the issue is resolved.
I too want to get into legal transcription
Could you email me the service you work for? Or direct me in the right way of finding one. I think I would be more productive in legal/general transcription as that is where I got started.
Legal question
Hi all!
I am considering starting a business transcribing reports for students. I live in a college town and I think this would be a good idea. Like transcribing lectures, reports, etc. Would this be considered legal? As long as I am transcribing exactly what is said then I am not writing the report for them right?
Thanks for any info!
legal transcriptions...sm
Cold you please explain a little further why you hated legal transcriptions?
Does one also go through a training for that and needs a certificate for that?
Also ASR?
I guess payment is equal to MT?
Thanks
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