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Everyone who has been fired, whether employee,

Posted By: statutory employee, or IC should file for Unemploy on 2009-09-06
In Reply to: Softscript double whammy - Flybabymt

If you are unable to find another job quickly, and if you can afford to wait 4 to 6 weeks for your first Unemployment Compensation check, I would definitely fight it and request an Appeal and Hearing.   


 


Here is MY story:


 


Please keep in mind this occurred several years ago and that every State has different standards and requirements, so what I went through with Medquist may not help you at all, but it may give you and others who have been blindsided and terminated without the slightly warning some insight and encouragement to keep up the fight. 


 


Years ago, I was fired from MQ while I was a Statutory Employee, and was told No way, No how, would I qualify for Unemployment Compensation Benefits.  Well, at that time, I had a few bucks put away and did not need to find a job immediately, so I went ahead and applied for UC just out of spite knowing that they would fight me every step of the way. 


 


Here is my chronology (again, your State may do things somewhat differently)


1.  I filed my UC Claim in my State.


2.  My State notified MQ that I had applied for UC.


3.  MQ immediately sent an Objection Notice stating I was terminated because of MISCONDUCT.  (Here is what my State says about Misconduct firings:  “Since the employer caused the separation the burden will be on them to establish to our satisfaction that you were fired for misconduct.  If we conclude so, you will be disqualified.  Misconduct may include chronic tardiness, theft, falsification of employer documents, insubordination, or various other actions.”)


 


 (This was years ago and I am not sure if this is still the case, but I learned that, at that time, since MQ was so large and they fired people constantly, MQ did not handle their Unemployment Claims at their HR headquarters.   They outsourced their UC Program to an outside Unemployment Consulting Firm that did nothing but take in UC Claims and probably AUTOMATICALLY sent out Objection Notices.  I am sure they anticipated that 99% of the MTs would give up because they could not wait a month or more for their first check and would take the first job they could, giving up their UC claim.)


 


4.  I filed an Appeal.


5.  MQ had to send all their paperwork documenting their claim of  MISCONDUCT to my State.


6.  My State sent me copies of everything MQ had sent to them.  (So, I was able to look at what they based their claim on and I was able to print out copies of  E-Mails, etc. that refuted their claim, which showed that there was no misconduct on my part, and I could give my opinion as to why I was fired.)  I then sent MY paperwork to my State. 


7.  My State sent my rebuttal paperwork to MQ.  (This was all done through their Unemployment Consulting Firm).


8.  After my State had looked at the paperwork from MQ and from me, my State determined that a Hearing was in fact warranted and scheduled a phone conference-call Hearing between MQ and myself where the Hearing Officer (which in my State is an Administrative Law Judge) would ask questions and each side could state their case, ON THE RECORD and under Oath, as this is a legal proceeding.  (I called my UC Office to find out if they would allow me to appear in person as opposed to on the phone.  If you can, definitely appear in person.  It gives you more credibility and you can sometimes get cues from the Hearing Officer that you cannot get over the telephone.) 


9.  On the day of the Hearing, I arrived in person.  The Hearing Officer placed a conference call to both the Unemployment Consulting Firm representative and the MQ representative whose phone numbers had been provided to him.  The Consulting Firm rep answered right away, but the Hearing Officer kept getting a busy signal for the MQ rep.  After a few tries, the Hearing Officer got impatient waiting for MQ to answer, so he began asking the Consulting Firm rep the series of questions he had for MQ.  The Consulting Firm rep just kept saying “I don’t have that information” or “I believe the MQ rep could answer that” or “my records do not include that information.”  After about 10 minutes of that, the Hearing Officer finally got through to the MQ rep.  When he asked the MQ rep the same questions, she couldn’t answer them either, saying stuff like “I do not personally know” or “my records do not indicate anything about that” or “I would have to look into that.”  After about five or six questions, the Hearing Officer stopped asking MQ questions, turned to me and asked “ Do you believe you are guilty of Misconduct?”  I answered “No.”  The Hearing Officer then said “Thank you.  This Hearing is now concluded.”  (By the way, the above are not direct quotes, but what I recall as being close to what was said.)


10.  Within two days, I received the Determination Letter from the Hearing Officer stating that my claim had been Approved.  I received all my back checks (back to the day I had first applied) within the following week. 


 


The whole thing did take six weeks, so you do have to have some income to keep you going until it is all finished, but you do get all the back checks, so even if you have to borrow money for six weeks, it might be worth it if you can definitely prove there was no Misconduct  on your part as they claimed. 


 


So, I would say to anyone who is terminated, whether you are an employee, statutory employee, or even independent contractor, at least file a UC Claim if you cannot find another job within a week or two.   Even if you are lucky and do get a new job quickly, if it is on a totally new platform and you know for sure you will be making considerably less at your new job than you made at your old job, you can still qualify for partial Unemployment Compensation Benefits for the weeks that you make less than you did before.   I think you can probably do the initial claim on the phone or on-line in just about every state, so there is no reason for you not to do it.  Maybe if they suddenly get dozens of UC Claims every week, these MTSOs will think twice about terminating people without due diligence and proper warnings.  


 


Plus, in a round-about way, it may actually give Medical Transcriptionists more exposure.  I am sure that every year there are thousands of MTs who were fired, laid off, or who are making less than half of what they used to who do nothing to bring light to their fate.  If all of us show up on the Unemployment stats that the White House and Congress get every week, they might realize that the MT ranks are dwindling and maybe someone will finally look into it and maybe realize that off-shoring is cutting into jobs and wages in the United States.  How can the economy rebound from the recession when more and more MT jobs are being off-shored?  You never know, stranger things have happened.  LOL


 




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I can see why you got fired - MT

Very unprofessional


 


Usually when someone is fired SM

from any job, there's the story they tell everybody about why and then there is the truth.  I know for a fact there is some step-by-step procedure they go by for quality problems and they give lots of chances to attain the 98%, including the full review of work with full feedback, just like when you started.


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Fired

You have my support.  It is very frustrating to have deal with difficult employers.  As much as I like being an MT, I feel 90% of the time in this business, it is a very THANKLESS job.  You never get appreciation for what you do, only criticized from anything from your boss having a bad day, doing too much work, not doing enough, or even silly, petty things.  Not only do we have to know a lot to do this job, but make ourselves available for our employers at a moment's notice, be willing to pick up the slack of other MTs not doing their jobs, and be thick skinned to put up with negative comments, ignorant, nasty bosses, etc.  It's just unfair for people to be so cold-hearted in this business.  You know, what goes around comes around.


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If she fired you

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Don't give up if this is really what you want to do. Keep at it and you'll find a place that suits you. Keep smiling!!! =)
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I'm sorry you are frustrated with the lack of answers.  It really is the responsibility of Transcend to that supply you with that information. 


We feel too threatened. 


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Thanks


If I had been fired for poor quality...sm
I certainly would have never gotten on the board and blamed the MTSO.   I'm not sure what this person expected.  We all make mistakes, but when we are called down for them (again and again) we should own them and fix them.  Until an MT can do that, she will never reach her  full potential. And... while we ALL go through some awful times in our lives, we must remember that the medical records we are typing also represent others who are experiencing misfortunes as well.   
Finishing the above, Never been told no and you are fired. nm
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The problem is the threat of getting fired for now getting ESL now
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I just fired them before I ever started my first shift sm
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x