noncompete

Posted By: ICMT on 2006-11-05
In Reply to: If you're not willing to list your clients, then you shouldn't have a noncompete clause in you - Tinks

An MTSO has done the leg work to obtain her accounts, set up her business with equipment and staffing to cover those jobs 24/7. You don't need to know who her clients are. Your position is to transcribe the work sent to you. I believe it is fine to promote any new business you wish to start and compete in a professional manner by calling offices, scheduling appointments to discuss your own fees and what you have to offer, staffing that work, etc. I think what you describe is completely unprofessional. If you have a problem you take it up with the person you contracted with. I think it is just as outrageous and unprofessional that the physician's office discussed this with you as you are not who they contracted with.

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This is interesting (non-compete clauses) - anon
- IMO I dont think there should be those clauses in contracts... - SM
- It should be reworded. sm - MTExp
- If you're not willing to list your clients, then you shouldn't have a noncompete clause in you - Tinks
  - Transcriptionist takes hit not MTSO! - Amy
    - MTSO-Medical Transcription Service Organization or Owner - Amy
      - thank u amy - AnnaP
    - MTSO - AnnaP
    - That is wrong. There is a big difference - sm
      - MTSO needs to staff appropriately, not IC take care of staffing issues. - Amy
        If you want an account, - tiredwornoutMT
  - noncompete - ICMT
  - Not only would I have withheld your... - tiredwornoutMT
    - MTSOs are screwing MTs by the boat load and I'm supposed to feel bad because I chose to look out - Tinks
    - Tinks - what goes around comes around - just me
      - Yes, it does and it came around and bit that service in the behind, didn't it? - Tinks
        Awfully defensive... - tiredwornoutMT
        Uh yeah, in a debate there's usually defense and an offense. Hence someone is always "on the - Tinks
  - "stealing" clients - MT
  - Actually, I agree - anon
    - Not at all, but you cannot expect to sue her for stealing a client if she did not know the sm - different poster
      - You're right. - anon
        If she goes after a client she has been transcribing for you, whole different ballgame. - of course
    - I'm paranoid by nature, I guess. :) I agree that not all of the services out there are bad. SM - Tinks
      - But a lot of them are. - anon
- Good point. I guess if you do not feel comfortable dislosing sm - interesting
  - Absolutely - anon
    - Wow this explains it .... - Just me

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You never signed a noncompete, right?
Besides that, I have it from two attorneys and the State Department of Labor that noncompete agreements aren't legal in many states. TAKE the ACCOUNT and RUN!!!! This woman has said that you can have them, she doesn't want them. They do want you. You don't owe her any loyalty, especially if she's running her business into the ground. YOU need to look out for YOURSELF. That's what I'm doing today is making a list of every potential transcription client in my city and soliciting them by phone with follow-up letter.

noncompete contracts
I emailed you back.

noncompete contracts

Yes the papers have been served. Seeking legal advice soon. I don't really fear anything as I know we have done nothing wrong. It's just maddening that this person doesn't have anything better to do than to make other people miserable. She doesn't want to make her own money, she tries so hard to take other people's money. I swear, she works harder at trying NOT to work than she would actually have to work if she would just get a job! Get a job lady!

Noncompete contracts
Has anyone ever been sued for breaching a noncompete contract? Do you know what legal steps are involved? How do these things usually turn out? FYI: The contract was never actually breached.....but this former employer BELIEVES it has been and is suing several of her former employees. She owes one of us money (over $3,000.00) for back transcription. We HAD to quit...she wouldn't pay any of us. But the contract was not breached by any of us (probably by her - dirty hands clause - shady business practices, etc.) Any info would be greatly appreciated!

just make sure that the client did not sign a noncompete
and if they didn't and you didn't, then sorry folks, but it's fair game! There are many, many unethical and illegal (in some cases and in some companies) things going on in the transcription industry.

I was told by insider noncompete just applies to you not going after their clients. Does not apply
:P

If you're not willing to list your clients, then you shouldn't have a noncompete clause in you

contract, IMO.

I worked for a local service at one point. They through a huge account at me that required at least three FT MTs to type and then began to breath down my neck about TAT, blamed me because the client was unhappy and complaining. I contacted the client directly and spoke with her about their complaints. I basically told her that I was the only MT typing for their very large clinic. She hadn't realized that. Long story short, I told her that I had two other MTs, colleagues of mine and that we would be willing to take on her clinic and promise 24 to 48 hour TAT.

I don't know if the line rate I offered her was above or below what she was paying to the service, but she was willing to accept what I had to offer because the doctors were so unhappy. Do I feel guilty about what I did? Heck no! Someone posted the other day that business is business and that we shouldn't be so emotionally vested in our employer. They are not going to be looking out for me. I have to look out for me. Well I agree withat, business is business and the service was blaming me for their mishandling of that account, threatening to withhold my paycheck because of it and actually did withhold my last paycheck when I resigned.

Some of you, especially MTSOs, will say what I did was unethical. This is a competitive business and if you can't take the heat, get out of the kitchen. I refuse to work for services anymore, but if I did, I would flat out refuse to sign any contract with a noncompete clause. I also think that if you are an IC for a service, the service should be required to sign a contract listing the IC terms and conditions. It's only fair.

Just my opinion on the whole contract thing.