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Illegal Use of Confidential Material

Posted By: ssmnger on 2008-08-06
In Reply to:

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.


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    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 thought I had read in their material
    before they took it off their website that they don't pay the MT until they get paid from their client. No way would I work for that type of pay plan.
    Wow! I'm impressed. You NEVER have to use reference material? Amazing!
    x
    I received the test material and the information (sm)
    If they offered employee status, I would be glad to test for them, but not IC status for $14 per hr.
    She sounds like future SUIT material, to me.
    nm
    Well, goodie for you, Flo! I'd be happy if I was Dairy Queen drive-through material
    job for which I'm no way qualified to be in too.

    Congratulations! Glad you're happy!
    Back-stab, manipulate - YES ! Dairy Queen material - NO !
    anon
    Platform a bit slow, loads of material to know on each acct, they overhired
    for the acct they put me on, so I sit and wait for work to roll in. They gave me a secondary acct, but again I wait. I think some are happy there, I might be if they didn't overhire and they beefed up their platform to move a little quicker.
    I know confidential and this is not it. sm
    It is MY information.  That is like telling me I cannot tell someone what hair color I have.  It is MY info, garnered from MY hard work.  The money now belongs to me, not the company.  If you still have a problem with this, then tell someone what you made last month.  That would be YOUR old information, had been your information for a month and should be YOUR information to do with whatever you want.
    Its not so much confidential as none of your
    business!! I hate it when people have the hutzpah to ask flat out what someone makes. If they want to volunteer it, fine. But its rude to just ask someone. And if they give you a figure, chances are huge that its bogus. Ask for a pay range - fine. Proper business etiquette. Buts its totally ignorant to just ask someone what they make - a complete stranger - and then get pissed when they POLITELY tell you they don't wanna give you that info. Get professional! You might make more $$.
    Confidential to - Dr Y -

    confidential from yourself??...nm
    x
    It is confidential information - here is why.
    Not every MT has the same experience level so, those with more experience are paid a better line rate in most instances. It is the MT's responsibility to negotiate or at least try to negotiate their line rate and what line rate they are willing to work for. Not company pays a base rate to every MT or QA person.

    This of course is my opinion and the way I do business. Some may agree, some may not, it really doesn't matter. This is the way it is!

    Payroll information is confidential information in my book.
    Confidential. I'll get it right yet. nm
    nm
    I agree. confidential..sm
    insider info...look what happened to Martha Stewart with her insider info. keep quiet. let the cards fall where they may. JMO
    Pay NOT confidential. My pay, if I want to talk
    x
    Confidential to Catherine K.

    My e-mail program crashed and I lost your e-mail address but I remembered your name.  The supervisor position has been filled.  Thank you for your inquiry.


    J


    Confidential to MTSO2
    With all due respect.........where will YOU be working when all the jobs are gone???  Do you REALLY think the clients will continue to need a middleman???  I think not.  Pity the poor souls who work for you.
    Confidential to Paula
    I was laid off from Focus QA about a year ago.  However, they have reorganized and rehired me recently.  The money is great and is much more than the hourly job I used to have.  Yes, they do have day shift.  They will pretty much work with whatever hours you can work.  The team leads are Americans now.  Good luck.
    It is not confidential information. This was told to you by someone -
    in my opinion, you are not breaking confidentiality in any way letting fellow MTs know. It does not say in this post that you work for this small national or you work where the account is supposed to be going. So, if this is true, you are not breaking any confidentiality agreements.

    Companies release and gain contracts all the time. Maybe this small national will lose one account but gain another. It happens every day.

    I don't think there is any reason for panic or for you to carry a heavy heart, unless you work for one of these 2 companies. Then, you may need to think twice about saying a word.

    If you do talk - do not mention names and do not mention the other company.

    Again, good luck with whatever you decide.
    Confidential? Interesting word to use on this board.
    I didn't see anyone's name, nor did I see any specific examples given. This person has the same rights to say what they think or feel, just as an MT does.
    What info is in that email that is confidential or private?

    Why is pay rate confidential? It is YOUR money that YOU made with YOUR hard work. You should be
    :+
    In my opinion what you make is confidential and I have seen people get fired for discussing rates.
    That all goes along in confidentiality agreements. I am in agreement with you though..it really is not anyone's business. If they want to know, they need to ask the company. The company will probably tell them.

    May not be confidential information but gossip/rumor at this point and no employer likes that.
    nn
    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?
    Subject: Victim of Illegal Immigration? Help 9/11 Families for a Secure America



























       From:   Anne Manetas, NumbersUSA
    Date:   25JAN06     2 p.m.
     
    Victims of Illegal Immigration: 9/11 Families for a Secure America needs your help
     



    NumbersUSA is forwarding this request from the 9/11 Families for a Secure America (9/11 FSA) on to you. This is not a NumbersUSA effort, but do ask that you contact Caroline Espinosa caroline@numbersusa.com on our Hill staff if you would like to us to forward your information on to 9/11FSA.

    Please also note that their request that, although they recognize so many Americans have felt the economic impacts of illegal immigration, they are not looking for victims of economic crimes.

    We are forwarding this request on to you because we believe it can be yet another tool in the Senate battle this Spring. As you know, the Senate is expected to consider an immigration bill next month or early March and there is great support for some sort of guestworker or amnesty program among many in the Senate. We are exhausting every avenue possible to block any sort of guestworker/amnesty program and ensure a strong, enforcement-only final bill.

    -- Anne



    MESSAGE FROM 9/11 FAMILIES FOR A SECURE AMERICA



    Fellow Immigration Reform Activists:

    WE NEED YOUR HELP,

    Below is an open letter to Congress which we will distribute at an appropriate moment in the lobbying effort for the Sensenbrenner-Sessions Secure Border Bill. Note from NumbersUSA: This is the bipartisan H.R. 4437 that was passed by the House in December and will eventually go to Conference with a yet-to-be passed Senate immigration bill.

    We are interested in obtaining signatures of as many people as possible who have themselves been the victim of any form of crime, or whose relatives have been the victims of crimes, committed by illegal aliens or illegals who have been granted legal status. Included are street crimes, terrorist acts, car accidents, etc.

    If you or a family member was the victim of such a crime please consider adding your name.

    If you know such victims or their families, please ask if they would add their names.

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    Regards,

    Peter Gadiel


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    If you would like to get in touch with 9/11 FSA or have your name added to the list, please email Caroline Espinosa in our office caroline@numbersusa.com and let her know. We will not share your personal information either.


    OPEN LETTER TO MEMBERS OF CONGRESS



    VICTIMS OF CRIMES BY ILLEGAL ALIENS
    OPPOSE AMNESTY OR GUEST WORKER


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    The victims and their families have seen their lives ruined by murders, vehicular homicides, terrorist acts, rapes, stabbings, gang related crimes and many other violent acts committed by people who were illegal aliens. Some of these crimes were committed by former illegal aliens who, having been granted amnesty, repaid the generosity of the people of the United States by brutally violating our laws.


    For these reasons we wish to make clear to all Members of Congress that:

    1. We are opposed to any form of amnesty for illegal aliens and to any guest workerplan. Specifically, we oppose the McCain-Kennedy AND the Kyl-Cornyn amnesty/guest worker plans, and the draft Specter plan.

    2. Experience with previous amnesties shows that many American citizens will be the victims of crimes committed by those who have been granted amnesty.

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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
    .