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Drug testing is different because drugs are illegal and sm

Posted By: Smart on 2009-05-18
In Reply to: Because age discrimination is against the law sm - rhiannon

Physicals are required for certain jobs......like firefighter, where a certain agility is needed. Also they are given agility tests.

Office jobs do not need to know your medical history.


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I think they require drug testing, they pay, but a pain to have to go through that. nm
.
They do require urine drug testing for sure, no matter what accounts you work on, theirs or a hospit
.
Whole other can of worms...Illegal on company's side illegal, but (sm)
Retaliatory firing for contact with government oversight agency is illegal in all cases (Whistleblower's laws). It is hard, however, to prove retaliation because company can fire for breech of policy (working overtime when not approved, etc), can railroad you until you quit or they pick up enough nitpicky things to justify termination, or in most states for no reason at all (shaky if you've been to labor board). Whether reported or not, it opens a whole can of worms, and not everybody is going to be happy with the consequences (just look at the MQ saga). IMO solely, if OT is not specifically approved, don't work it. If you want to work it and not put it on your time, feel free (but that is fraudulent records if you're caught - again grounds for termination if anybody cares, which they usually won't unless under scrutiny by oversight agency). If you ask for and get approval beforehand, everybody's happy.
I like it - takes some getting used to - new drugs, etc.
nm
I don't think you need drugs, you need a change
I'm not saying they don't work but the environment sounds just awful. Good luck.
SURE WE HAVE TO KNOW IF A DRUG IS.....s/m
BRAND OR GENERIC! WE WILL KNOW A F T E R WE LOOKED IT UP!
We HAVE to do this to know if it is capped or not capped.

And we HAVE to look up a lot more!
Even if the doctor dictates 'mg', and we are not 100% sure that it is 'mg', we have to make sure that it is 'mg' and not 'mcg'!
And much more!
Oh let me tell you, they know how to pass the drug tests! (sm)
One woman I worked with was talking about how to use "Yellow Root" to "beat" the drug test! (that's what she said, "beat" the drug test) They know all of the tricks of the trade. One company stopped using the urine drug test and now they use the hair strand drug test, so I don't know what they use to "beat" that one (I guess they pull the strands out of somebody else's hair!) :-)
I'd like to know about the drug test thing too.

Do they really make you take a drug test?

They also require a drug test.
x
Actually it goes even further back than the drug scene
This was a term meaning to start a fight, getting a fight on, older than the drug scene of even the 60s.
the drug thing happened with Kforce too
a couple of travelers that I personally knew were transporting drugs through rental cars, i.e. leaving one state and driving back to their home state to pick up drugs. One traveler actually had crystal meth Fed Ex'd directly to the hospital! The dealer got caught and the traveler was fired of course, but get this -- the traveler always managed to pass the drug tests!
Yes, I was told that you had to have a drug test and background check.

hey I've typed that ER before! drug addicts adn crazies! nm
x
Had a conversation similar to this at the drug store today
One of the ladies behind the pharmacy counter talking about raising kids. I was telling her what a wonderful life now that the kids are grown and out. I guess you can say this matronly woman is having the time of her life. I have good money coming in, in fact now getting in more than my union husband does each month, travel when I want and those golden years. Now I know where that saying comes from. This is the best years of my life right now. The pharmacy person asked me did I not miss those years with the children. I told her did I miss struggling? Heck no. Did I miss the yah, yah, yah, again heck no. Ladies you just do not know what you are missing if not, as you call it, a matron.
Don't forget a drug reference. I like my Quick Look that is installed on my 'puter.
nm
I can totally understand a drug test and criminal background check, but...sm
personally I don't feel you can always judge the caliber of an employee based on a credit report. I know plenty of people who are the salt of the earth, of high moral standing and work ethic that may have encountered a unfortunate circumstance, i.e. job loss, car accident, excessive medical bills, that may have put a blemish on their credit report. They should not be discriminated against.

However, I do see where a credit report would be necessary for a position of relevance. I just don't see the justification for an at-home IC who is using their own equipment, paying their own taxes, etc. to have to submit this information.

I'll use my own situation as an example. A few years back my husband accrued an excessive amount of medical bills and I was unemployed because my job was outsourced. We were late on a few bills and are trying to rebuild our score so that we can get a good interest rate on a home. Every time that score is pulled, it drops a few points. We have worked very hard to rebuild this score just to have it drop because a company wants to know personal/private information. We as MTs are supposed to respect the privacy of patients and have HIPAA drilled into us daily. I feel my personal information should be respected as well. A criminal background check isn't personal information, but necessary for the safety of all involved.
This is illegal if... sm
If you are an employee and do not meet the exemption requirements by the Dept. of Labor, they have to pay you OT if you have to report your hours. If you are salary this does not apply because you are exempt. But if you work more than 40 hours a week as an employee of any company, they are required to pay you OT at at least 1.5 your regular rate.

SHOULD BE ILLEGAL
That's right. If they pay you on production, then you should be able to actually see it for yourself, not go by what they say. They refuse, because they know what they're up to, and I agree that if it is illegal, it should be ABSOLUTELY ILLEGAL.
There was nothing illegal about it
They were telling me that they were letting me go - had given all my doctors to other MTs over a time period. So, when they emailed me - I just called the unemployment office, since they didn't need me any longer and filed. The particulars had to be hashed out between the state and KS - not me. I then went to work as an IC - searched for employment every week as required - and filed as was required. There is nothing illegal about it - but in the transcription field, there are many more IC jobs than employee jobs, thus the difficult job search. I am happy where I am now and - and I think KS might have learned a lesson - but somehow I doubt it.
That is illegal
You need to report them to the wage and hour commission and get out of there fast.
While same co. is doing something illegal and
x
They also don't pay for OT, despite it being illegal not to. nm
 
Nothing illegal about it, just not a very
smart way for the facility to set up the demos. Why would you think it is illegal???
yes it is illegal! They have set the sm
requirements for the job. The requirements they have set makes that an employee job and not an IC. Check out the IRS regulations. It says, you MUST, you MUST, please do not apply if you can't work these hours, etc. I take exception to the part especially where she says do not apply if you want a higher wage, etc. This kind of stuff is why the MT profession is in the mess its in.

I am sure she will get somebody who really needs a job but they are getting a raw deal and this kind of stuff perpetrates more of the same!!!!!!!!!
Actually, it is illegal

It is clearly not an IC position.  According to the IRS http://www.irs.gov/newsroom/article/0,,id=173423,00.html


If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees.  If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.  


This falls under one of the three broad guidelines that are used to determine Employee, IC or SE. 


According to Publication 1779,


If you receive extensive instructions on how work is to be done, this suggests you are an employee.  Instructions can cover a wide range of topics, for example:


- How, when, or where to do the work.


According to Publication 15-A,


Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done.


It goes on to state that if that employer/employee relationship exists, it really doesn't matter if you call it an Independent Contractor position or not.  The withholding must still be withheld.


If that prospective employer is advertising the position as an IC with no intention to withhold any kind of taxes, the way she has phrased the ad, saying that you must work certain days and certain times, she is breaking the law.


 


it should be illegal if not already! sm
They can give you a transcription test that will accomplish the same thing. This is nothing more than underhanded age discrimination. No hearing has nothing to do with age, so they should just give you a transcription test and leave it at that. If you can't hear well, you are not going to do well on the test anyway.

These companies hire MTs who don't know what they are doing all the time. New folks coming out of school with really no training and they produce a really bad document and that has nothing to do with their hearing..

Im telling you this hearing test thing is just a subtle age discrimination thing.
Asking illegal questions
No, they cannot ask what they want to. You imagine incorrectly. One should never put down one's DOB until s/he has an offer, or give a SSN until the offer is made. Similarly, they cannot ask questions regarding health and disability until they have made an actual offer. (Cf: Americans with Disabilities Act of 1990), so no, they CANNOT ask whatever they want--or if they do, you have a cause of action with the EOC.
Illegal questions
Somebody should tell this to Sten-Tel because both SSN and DOB are on their application.
But its illegal to tell IC they cant work wherever they
x
Wonderfully illegal

Working OT and not getting paid for it is illegal, just ask the suits at MQ. 


i don't think volunteering is illegal and
there are a lot of unpaid internships available for other things to learn how to do the job, why not mt'ing.
Probably not illegal if you are told
x
It is illegal. If she needs someone for a certain shift,
then she needs to hire an employee, not an IC. I don't understand why people don't report these companies.
If what they're doing isn't already illegal,
*
That's so illegal. I wish the government would come down on these companies. nm
x
Isn't it illegal now for an ex-employer to bash?

Fed up with illegal immigration and outsourcing?
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Solution for their ILLEGAL activities
The next time they call me to work on my day off I will do so and I will record my hours knowing it will put me in OT. When they yell about it and say OT was not approved in advance I will document by email or phone call that I was asked to work and if they refuse to pay me OT I will definitely report them. They have already been reported by at least 2 other people with documentation. They will either cut the BS about not paying OT or they will see the feds.
That's illegal - an IC cannot be made to work sm
either a schedule, a set number of hours, or mandatory overtime.
seriously - how did you get the word illegal out of that? post does not say tha anywhere;
nm
No illegal? What about fraud applying for job with
x
It is illegal to ask if she is preg before hiring. nm
.
Legal or illegal Mexicans? Although from your...sm
prior posts it seems to me you don't give a care either way. That, along with your carefree attitude about foreign entities make me feel certain that you are one of millions of people who are gladly giving away, piece by piece, our nation. That just utterly sickens me, but oh well, you got your pool fixed and your house sold so what do you care, right?
Bait 'n' switch is ILLEGAL ---
.
Illegal Use of Confidential Material
Will the moderator please remove this posting? This is an unauthorized use of confidential email intended for the recipient of the addressed persons only. By refusing to remove this posting, and providing us with the name of the poster, we will have no option but to file a restraining order and request that this board be shut down. In addition, you are subject to a fine as well as liability damages.
It's definitely illegal... call a lawyer and you will see.........sm
There are lawyer who specialize in labor law and they will tell you. Although young people can be ill, this is slanted toward the eldery as far as the bias. And right, you cannot discriminate against someone who is handicapped and I'm sure they have a lot of medical bills. I'm telling you, these companies are in for some trouble!
How can it be illegal to require a hearing
test for a job that requires you to be able to hear the dictation. No different than requiring a physical (which could be used to check hearing, but not always) or drug tests??? Hearing well or not has nothing to do with age.
it's not illegal to look for an IC that will work when THEY NEED THEM to. Why hire someone to wo
it's not illegal to look for an IC that will work when THEY NEED THEM to. Why hire someone to work morning when you need nights for example.

Why hire someone to paint your house blue when you wanted orange?

Why hire a male stripper when you wanted a female stripper?

If you need someone for certain hours, you can request that person or IC to work those hours or not get work. Simple as 1-2-3.
Blow WHAT whistle? Nothing illegal going on. nm
nm
So far as I know making false statements is illegal

See possible answer post..............now I'm going to work so I will have a paycheck to be deposited.