Legal action when not getting paid. sm
Posted By: IC Girl on 2007-10-18
In Reply to:
Hello fellow MTs,
I knew this was bound to happen. I was an IC for a company and left after giving contracted one-week notice. Now I'm not getting paid for the work I did.
What is the first step to take? I am prepared to get an attorney if need be but would like to take other steps before this.
Anybody else have experience in this? There are state differences. I'm not sure which court to start with to start any court proceedings. I guess that's where the attorney will help.
Thank you all so much for any advice.
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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.
A lot of legal transcription and legal jobs in
 xx
For QA consulting I'm paid per hour; QA instructing (college) paid salary, QA editing paid per li
I am an IC and work for two different MTSOs as well as instruct at a business college.
The class action against MQ by MTs should be about
forget about Ricca laws and tying it to hospitals and line counts.
They have lied and done smoke and mirrors to the point that there
probably could be a case made for that alone.
And why do we never hear anything more about the SEC case?
And the FBI case against MQ for sending military information over
unsecured lines?
What happened to all that?
Class action...
I was involved in several of these suits - most of them with Medquist - and the biggest check I ever got was $3.61.
Miss all the action too. Not like it used to be.
Used to work for an old country GP. Had a guy stagger in with the tip of his finger hanging from a close encounter with a table saw. Blood everywhere. We gave him a roll of paper towels and went to fetch "the mop" out of the garage. It was 20 below out and the mop was frozen solid so we ran it under hot water in the kitchen sink and cleaned up the blood spills. No gloves. No worries.
Many stories from that place. My favorite was the patient in the waiting room with a paper bag full of baby chickens that he had to bring in because it was too hot in the car and he had to stop in on his way home for his weekly BP check.
Court action
I am not sure what your limit is for small claims court, it used to be $3500 here but know it has changed. If it is more than one doctor in practice, you need to find out how they are listed through their business license, etc. through the state. They helped me at the courthouse how to do this as it had to be listed exactly. If you want to make a last ditch effort and make sure it isn't just the office manager that is not paying you, send a certified letter to each doctor that has to be signed by them and them only outlining what you will be doing and why. You can act as your own collection agency instead of paying someone a commission to collect the money from you. That is why I always keep on file a copy of their checking account number that they pay me on as I did sue once and we used it to collect the funds. Also if the 7K is over the amount of small claims, then perhaps breaking out each individual doctor is under the amount. But that is a pretty big amount and cannot believe that you let it go that high unless it is a large account and that is only one to two month's worth. But again, try to get the correspondence directly to the docs as sometimes they do not know that the bill is going unpaid. Good luck, let us know what happens. Hopefully you are no longer providing service to this clinic. Do some digging and get home address phone numbers if you are that gutsy and for that amount I would probably do it.
Again, good luck.
Ask to see the software in action, if
possible. Ask if there is a spellchecker, and whether it checks medical terms. Oddly enough, the supervisor may be oblivious to the fact that the MT has to enter all the terms into just a standard English spellchecker, but at least ask the question. Ask if it is compatible with ShortHand or other program like that. Hopefully you will be allowed to talk to an MT who is using it. You want to see how efficient or backwards the software might be, and hear the sound quality. Do you get to make your own normals, or share them with another MT, so that you can't correct any errors you might find (but don't say that about errors out loud). Most radiologists are the opposite of psych dictators (from my experience). Radiology dictators tend to be fast and very efficient and need somebody who can give 100% accuracy. And if you can catch misspeaks and tactfully correct them or blank them, that will help. (But they are so smart that they are always shocked if they misspeak, so it has to be handled very carefully). Always think about where in the body you are and don't make anatomical errors for all of those sound-alike parts.
Take Further Action On Offshoring
Please, PLEASE people, especially all who left posts on the news story below, call the White House. It is your right. I do it all the time and I have not been abducted by the FBI yet. They do not ask for your name or phone number or anything. They usually are pretty decent to talk to.
Tell them: I AM CALLING CONCERNING THE OFFSHORING OF AMERICAN JOBS, ESPECIALLY OUR MEDICAL REPORTS LEAVING AMERICA WITH SENSITIVE INFORMATION ON THEM SUCH AS OUR NAMES AND SS# . Then take it from there. Tell them that you MUST make your feelings be heard and you want the President to take action on this situation.
As one person, I am only making a peep with my calls and emails, but if we all start calling and emailing in droves, we will make a roar. Please, don't be afraid, we have to start taking action here folks. Time will not wait.
The White House Phone: 202-456-1111
ALSO:
The Capitol Switchboard: 202-224-3121
Email:
Obama and Biden:
http://www.whitehouse.gov/contact/
Middle Class Task Force Questions: Tell them to save jobs and stop all offshoring:
http://www.whitehouse.gov/strongmiddleclass/
Your senator: Upper right hand corner, "find your senator"
http://www.senate.gov/
Your congressperson:
https://writerep.house.gov/writerep/welcome.shtml
Let's do this together people 
It is not a class action suit as of yet
It is not certified class action because MQ filed for the proceedings to be held in NJ with all the other law suits. Therefore, this is stalling the certification of the suit to class action. They have received numerous calls over the checks.
Of course they cannot offer legal advise as they are not representing all MQ MTs as of yet, it is still the original 3 that filed, but I don't think it would be wise to cash it. That is just me. I know there are those that will disagree and call me names, but thats my two cents.
Does the class action include the DEP
platform? Somewhere, don't remember where now, I thought I read the class action was about the old platform MedRite and was for a certain range of years. Is there info out there that the class action pertains to DEP also?
emails for action plan
and now they send out emails wanting to know our action plan for wkends, whether we are working, so they are cvd. no extra $$, just remind you to "get the lines while you can"
I was in a class action suit once & got $600
nm
Do most of us work the day shift, M-F? Action
s
I received an opt-out of a class action
lawsuit involving a certain MTSO and the other party involved (think it was formerly AAMT). Anyway, since I won't get a dime even after having been ripped off all those years, I just threw it in the garbage. AAMT, or whatever they call themselves now, plans on keeping ALL settlement monies for their greedy little selves.
When I worked for the MTSO there were rumors flying around about the 90 character line count that was then converted to 55 characters before going to the client. The MTSO pocketed the rest. Guess it really wasn't a rumor after all. How sad.
I was involved in a class action suit
against PayPal, probably 2 years ago, haven't seen a penny. I was in a class action suit another time, can't remember who, and I did get some $$, I think about $15.00. I don't initiate anything, just get e-mails or letters about them.
I am part of three class action lawsuits.
Franklin-Templeton mutual fund apparently committed fraud while I was invested with them, Fen-Phen (the doctor's office notified me; sheduled me for a carotid ultrasound and had me come to a Radisson Hotel to meet with the attorneys) and MQ which I never really heard from but read about and this fraud took place while I worked there...
Bottom line is people should really not be getting money out of other peoples' pockets by fraudulent means.
Also, any action you eventually may take will have to happen in her state - not yours. nm
x
Might need to mail her a letter from a lawyer that requires a signature and take some action. nm
,
Affect is an Action (or psych state)..Effect is a rEaction
nm
Sounds to me like a class action law suit just waiting to happen! nm
x
could it have to do with the class action law suit, my credit card company did that once...
they sent me a check of some money they supposedly owed me because someone filed a class action suit regarding their not posting monies received the same day and therefore charging people late fees, etc. I got like $3.46 for something or other.
perhaps it was a class action suit that was filed, and then of course MQ would have to go back and pay any monies due to everyone regarding the line-count discrepency issue.
maybe I am way-off, but if it is on the QT, that could be why. once they pay you off, they are no longer liable, right?.
anyone else have any ideas?
Anyone ever tried Dual Action Cleanse or any other colon cleansing products? sm
The infomercial was not pretty, and this guy focused way too much on BMs and such, but said that John Wayne died with 42 pounds of undigested material in his colon ... yuck! Supposedly, you use this product and feel tons of energy and all that ... wondered if it was just more hype or maybe someone had actually tried it. ?
Happens all the time. Make phone calls for more definite action. nm
s
I have definitive proof from the MT that the money is owed. The MT is also taking action
on her part to get the unpaid wages compensated by the owner through the Labor Board.
Talk about blowing smoke! No one, not one MQ MT has "joined" the class action suit.
Its not even up to that point yet. We will be notified and given the legal options via the legal system. So, if you claim you "joined it", you joined nothing - just gave your name to the laywers. Nothing more, so get over yourself. If there is nothing more to pursue after discovery, you won't be joining anything!
Or even notifying an investigative reporter/call for action type of thing on tv - nm
x
if mt paid 9, editor paid 4 or 5...how can company charge 14 and make it..sm
I know the going rate in our area is 14 cents per line. As MTs most companies here pay us 8 or 9 cents a line. Now add in the Editor rate at 4 or 5 per line..you are paying OUT more than you can charge a line. How would companies stay in biz?
Unless all work is sent by the company overseas at pennies per line, this would not pay for a company.
just curious how this works out
But how much are the US EDs gonna be paid? Typically this work is paid at 2-3 cpl. nm
:+
You don't get paid an hourly rate you get paid by line - sm
so because of how you are paid (not an hourly rate) you don't get OT, especially if you are an IC.
I would move on. I think it is so unfair not to be paid for spaces! I think we should get paid
per keystroke, but that'll never happen. I just think that these national companies are going to keep finding ways to cheat us. I found a job working for a hospital as an employee, paid hourly plus incentive, and they let us expand everything! Somebody's gonna have to kill me to make me give up this job. I will never go back to the national's again.
I feel for you though. I know that for us MTs those good jobs are few and far between and some have little choice but to work for the nationals. I just happened to luck into the job I have now. I just applied at the right time.
Good luck to you whatever you decide.
If those companies paid a fair wage, and paid more
all came out equal, people wouldn't feel the need to try to make up the deficit by going for the good stuff. I actually prefer the harder, juicier reports. But I can't make a living doing only that, because the pay is not commensurate with the difficulty. So even though I prefer not to, sometimes I have to pick up some of the easier, more boring 'line-o-matic' reports just to make ends meet. Tell your MTSO to make it work their while, and MTs will stop taking all the easy work away that you obviously would prefer to keep for yourself.
You wont show UE being paid because it is employer paid -
the employee will never have to pay this.
What you "should" be paid and what you "are" paid
sadly are two very different things. Good luck on demanding more..because someone else will just come along and take it for what they offer and they know it. 
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!!!
10$ late if invoice is not paid within 10 days. At day 15 work stops until invoice is paid. Hardly
xx
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
.
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!
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