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We need to CALL THE FACILITIES and let them know what is going on! OR Class Action Lawsuit

Posted By: Company CALL OUT/STRIKE! on 2009-09-22
In Reply to: NO we are not! I'm getting out of MT for good sm - CM mt

...we need to all go out on strike! If we ALL stopped working tomorrow, called the facilities and let them know why, where would WebmedX be?


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Class action
You might have enough people to bring a class action, or just go together to hire an attorney...

Good luck!
D&L class action?
I think a bigger problem is many people complain, put up with it, or leave and complain but do not follow through - Otherwise how did it get so bad? I think everyone needs to fight back to this company and every company that does this THE FIRST time - if you bounce a check or do not pay what happens - you get it on your credit - send notes to the credit agency - you are a business - IC - and tell them - send them your unpaid invoices and they will place it on their credit report.
That's when we do a class-action and
Doesn't that sound like a plan?
I think everyone should file a class-action suit

It's wearing thin, and I'll sign onto class action!
Right now I'm working full-time for one of the Axis of Evil...where, as we know, the recent denied-until-it-happened pay cuts and global equilibration of account levels screwed me, so I'm trying to get out of that hell hole, where the only thing left after VR gets done are the crappiest of the crap. I saw light at the end of the tunnel, and it turns out it was a train coming through to smack me head-on.

So I guess I'll hang onto the 2 jobs I have now, while I continue to look for 1 or maybe 2 that will be more amenable. I don't mind working hard and I don't really even mind the account job #2 has me on (although it has been NWA all week...must have hired some more bodies), but I hate the perceived sneakiness of it while they've got my back against the wall. GRRRR
Course of Action

1. File a complaint with the labor board.


2.File a civil action against the company.


I take it they are two different facilities? :)
xx
that sounds like action to me

You may be one, but I am sure you will inspire others to join you. 


what action can I take for nonpayment?

I am having the same issue with 2 different companies. IF you are an employee, you can call the labor board and they can assist you. IF NOT...if you are an independent contractor it is a lot more difficult. The labor board will not assist an IC. Then your only option is to hire a lawyer in NJ and file suit against the company there. If the company owes less than the limit for small claims court, you can file in small claims court but you have to physically go there to appear in court...if you win, all you get is a judgment, i.e. a piece of paper. The court will not make the company pay the judgment, it is up to you to collect that. If it is over the limit for small claims, you have to have a lawyer file suit in district court. Of course...even if you win, the lawyer has to be paid so make sure you are owed enough for it to make it worthwhile to go that route. Now, if the company gives you a check that bounces, that's a whole other issue. Then you have to send a certified letter giving them (usually...varies by state) 10 days to pay the check and any bank fees you have accumulated becuase the check bounced. If they do not, then your only course of action is to send the check and a complaint to the district attorney where the company is and ask them to collect. The district attorney will send the compnay a letter and if they don't pay the check, then they will file suit against the company and will in fact arrest the owner. All of this takes ages of course and that is probably not going to help the immediate issue which is you need the money you earned! yeah...I understand completely. Good luck.


Lawsuit
I received the notice via the State of Texas and other than the fact that I am going to have to hire an attorney it would actually be funny as I have never said anything about them that wasn't true and they cannot prove otherwise.  I will be seeing my attorney on Monday and you can bet there's going to be a lawsuit going in their direction too    The monikers of the other 5 are noted in my citation but I won't post them, at least until I speak with my attorney.
Lawsuit
Yes I got the citation from the court.  The complaint is for Defamation and Libel for posting on this board!!!!!!  Of which I might add, I am NOT guilty.
Lawsuit
I just want to thank everyone for their support.  I think I should not discuss this farther at this time.  I'm sure everyone will follow the case as it is a matter of public record and I will be sure to let you know the outcome.
From above: they are giving you. I bet facilities are
x
Actually, I have heard of facilities
Okay, my apologies if I thought you were biting my head off. I'm so used to the negativity that usually runs rampant on these boards that (without my usual pot of coffee to start my morning), I thought you were discrediting my concerns. Again, my apologies :-).

Back on topic, I have recently heard that facilities now do push every dictator through onto VR, no matter how horrible they are (I guess they figure it's the MTs problem, as usual).

There are very odd things going on at MDI-MD, and with the new offshoring, etc., it makes sense that they would pull back the ones too difficult for the ILPs to understand and pass those on to the American MTs.

But I seriously would like some opinions on why work is disappearing for 3-4 days, then reappearing for transcription. The ONLY thing I can think of is this, too, is work that was routed to the ILPs but it was close to falling (or already had fallen) out of TAT and they needed the American MTs to pull it back in line. Like I said, I've been on this account for more than a year and this NEVER has happened, EVER. The work was somewhere...the question is, where?

IMO, I think the lack of work, the only remaining transcription being the dregs of the dictators, and work suddenly appearing (and large volumes of it) 3-4 days after it was dictated just all points to offshoring in progress.

Any thoughts on that?

And, yes, BTW, like you I do VR and love it. I think Escription is just about the greatest thing since sliced bread, lol!
Good for you for taking action to
change careers. Enjoy the kids.
Plan of action comment

While you really cannot do anything about the parting of the ways unless there is a provision in your contract to cover this, you can do something about getting your money.  If I were you, I would not hesitate one second.  A certified letter to them with return receipt back to you would indicate that they have 7 days to get your money to you.  Eight days after they have received your letter, if you do not have the full payment in hand, file a suit at your local small claims court.  It does not hurt to call/visit the small claims court and get all the information and paperwork (whatever you can) ahead of time.  Also, file a report with the BBB (it is debatable whether or not this will help, but it can't hurt).


This is not the time to be nice.  Don't accept any excuses from them and do not grant them any time extensions.


Of course, this is my opinion only.


Good luck,


Lillybelle.


 


Taking action is vital.
I totally agree that if you are unhappy, it is so much better to take action that to wallow in it. What I don't totally understand is why so many MTs stay at companies that treat them poorly. There are good companies out there that DON'T reaquire you to spend time e-mailing, IM'ing, and doing nonproductive unpaid work. And many of those companies that say they offer a maximum of 8 cpl have decent production bonuses that can bring that to 10 cpl. Some even give raises, believe it or not. And there ARE companies that will offer more than 8 cpl to start, and have steady work to boot. Changing jobs is painful, and it can take a few moves before you find the right one. But why not try? I just don't feel that an attempt at unionizing is going to solve the problem. But hey, if you think it will, all power to you and best of luck in your efforts.
What action can I take for nonpayment on a company in NJ - sm
As of this Friday the first invoice will be 6 weeks past due, the 2nd 4 weeks.  She has been saying for weeks she has mailed these two checks.  Today she said she sent them priority (told me yesterday she would mail them priority).  I know she is just biding time because there is no money to cover them which is my next problem.  If and when I get these who knows how long it will be before I can cash them.  I would like to tell her that if I don't have checks in the mail by Friday (that I can take to the bank and get cash for) that I am going to take action against her.  I am just tired of her crap and lies.  Obviously I no longer work for her either so she has no real incentive to pay me.  She stopped sending me work because she knows I won't type if I don't get paid.  Any suggestions would be appreciated.  Thanks.   
your supervisor should be monitoring this action.
nm
They will when a lawsuit results from it and
In their wallets. Publicize the name of the hospital SOMEHOW, because I personally would NEVER go to be treated in an institution run by those kinds of physicians.
VR is a lawsuit going somewhere to happen! And.... (sm)
you better believe I request a copy of every report generated whenever I visit a doctor. Heaven help them if I find a mistake-ridden report transcribed by VR. I hope the people falling for the VR joke have DEEEEP pockets!
MEDQUIST LAWSUIT

I just recently heard about the Medquist lawsuit and settlement regarding inaccurate line counts.  I'm not a MedQuist employee, but was wondering - what are your thoughts on AHDI receiving the million dollars instead of it not being dispersed back to the MTs?


RE: Gourdpainter and TT lawsuit,...sm

Do you think you could go to work at ANY company and continually bash them, either online or to other employees and NOT get fired or sued.  There is such a thing as libel and defamation, and that has nothing to do with Freedom of Speech.  I have gone through the archives and am shocked at the things people say on here about the companies they STILL WORK FOR.  I cannot imagine going to work for a company and to continuously badmouth them and to be able to keep my job!!!  Someone else said on here in another post I read about not having to use your real name or be accountable for what you write on here and that is only to true, which is why I use my name!!!  I have nothing to hide.  If what you say is true, then you should be able to show your identity!  You cannot knowingly lie or defame a company  ANYWHERE, especially where it could potentially poison the pool of current or potential employees.  If you are SOOO unhappy with the way things are where you work QUIT!!!!  I have been through the ups and downs on work flow with Transtech too, but my intelligence tells me this happens everywhere!  There was no change in payroll company since I have been here, almost a year, or if there was I had NO PROBLEMS and did not even notice.  I had no rush to get my paperwork in or mistakes in my paycheck and whomever implied those things about TransTech's questionable payroll practices, deserves to be sued.  You cannot say those kind of things about a company, especially  when to my knowledge they are UNTRUE.  That is defamation of character and NOT Freedom of Speech.  They are owned by a parent company and THAT company does our payroll NOT TRansTEch themselves.  Everyone really needs to do their homework on this sort of thing.  This is EXACTLY what people get sued over and as well they should!!!  There is a difference in stating you were unhappy, or if you did not get paid on time or not at all, but to continue to work somewhere, and then get on here and CONTINUOUSLY bash them, is just plain WRONG!!  There are plenty more companies out there... find another one to work for if you are that unhappy!!. Again, I am NOT management and I have had problems that I needed to work out with them, but that is exactly what I did WORKED IT OUT WITH THEM!  This is a company just as if you were working in an office, and there is protocol when working in a business environment that many of you just do not get!  For those of you that do, this is obviously not meant for you!!!   For those this does not pertain to, I know you will not be offended by this.  If you are offended by this, this is obviously meant for you.  Have a great day!


Believe me, filing this lawsuit sm

has damaged their reputation FAR more than whatever was said in the post that prompted it.


Had they just left things as they were, it had already blown over.  Now, they have actually seen to it that anyone who wants to work for a company with any decency will stay far, far away.


DISCLAIMER:  ALL CONTENT IN THIS POST IS MY OPINION ONLY, I AM AN MT AND HAVE NOTHING YOU CAN TAKE FROM ME. 


Sounds like a lawsuit to me.
Find out how the company reported this liability (PTO owed) and the related salary expense on their income taxes.

Usually, companies work on an accrual basis - meaning that an expense is recognized at the time that it is incurred (and hence, at that COST). I'm betting Acusis reported the PTO expenses at the rates that were being paid at that time...and if so, there's two issues here. One is that the expense they have been reporting will have to be adjusted downward and they will have to go back and pay more income tax on the profit that will therefore be increased.

The other is that the Department of Labor will land all over them like a ton of bricks. As someone who has been in the middle of a DOL audit, I can assure the management of Acusis that it is something they should avoid at any cost.
Get those $$ out of your eyes! No lawsuit here!
No defamation of character, TT Management!  It's all public knowledge.  That's right.  In the good state of Texas, one can look up this case and read the whole RIDICULOUS lawsuit.  Looks like something that would come out of that state!  Like our brilliant ex-Prez! 
Most doctors and facilities have never heard of . . .

CMT, or the AAMT.  Although they (AAMT) want to you to believe it matters, the CMT designation isn't really an important factor in the real working MT world.  Quality is what matters to the healthcare providers with which I work, and unfortunately having CMT after one's name doesn't guarantee that. 


The AAMT also is pushing for mandatory certification.  That will never happen.  I predict the AAMT will go broke within a couple years.


The bottom line is to do quality work.  That will keep an MT working and in demand.


From what I know the three hospitals are actually one big account with three facilities and then
the fourth is a cancer center. I have worked at Transtech for almost two years and it's the best job I've ever had. I think you will have a primary account and then a backup. I don't know of anyone here who has more than that.
Most facilities don't know their work is offshored
the MT dept. head knows about it and nobody else. That's pretty evil. Hadn't thought about that.
Facilities have to have employees vote
on whether to accept a union or not at their place of employment or not. If the majority of employees vote no, then a union does not go into that specific facility.
All those facilities amount to 1127 sm

actual beds (the size of 1 large teaching hospital), clinic work, a rehab center with 40 beds and an imaging center.


The list of facilities sounds impressive, but does not amount to the number of accounts we have lost and will lose over the next few months.


The way W overhires, this account will be like all others, everyone fighting for some work.


I've witnessed front-end VR in action...sm
First hand.  It was extremely impressive.  Talked to the docs that use it.  There are lots of companies and software packages out there so perhaps it varies a lot. 
Lawsuit for a public board? Who are you going to sue? nm
Grow up
The problem with something like this is that anyone can file a lawsuit. It does not mean someone is
My ex filed 15 lawsuits against me due to bitterness. All were dropped after my lawyer went to court a hundred times, but people saw them in the paper and labeled me as a child abuser, deadbeat and crazy person for a while before it was all cleared up.

Just because a lawsuit is filed, does not make it true.
No more Keystrokes lawsuit topics. (sm)
Take your arguments to email as you cannot leave out personal attacks toward others and toward the board.

Moderator

So, what is the latest news on the lawsuit?
TT versus MT?  Inquiring minds want to know!
class
It must take a tremendous amount of class (not to mention bravery) to anonymously insult hard-working people on a board created specifically for MTs. Also, just how educated is a person who ends her opening sentence with a preposition? (gee!)
Little to no class here-thank the co SM
via email or even better a thank you card and get on with life.  How a company treats you once a year is really nothing to come to an MT board and post about. 
Wow, Such Class

Depending on where you live, there are many facilities hiring.
Check with Radiologix. They had an ad running for MT, pay well with great benefits.

If you check around, there are many other facilities hiring in-house if that is what you prefer. Some are hiring at-home employees also with a better setup than what you describe.

Pick yourself up! Don't let it get you down. Life can be much much worse.

Really, if you were in a room full of people and everyone threw their problems into the middle of the floor, you will see you really have no problems at all!

Good luck to you!
Um, some facilities are getting back huge mistakes!
Depends where you work. If you have access to all reports, try looking up some that have gone to the facilities. Where I work, it is frightening!!!! ; 0
They will outsource and find out facilities are willing to accept
p
The suits and facilities often control dictation, not
x
Some facilities or hospitals keep their own servers in-house sm
to store their medical records. eScription is a software program used to access those files.

It all depends on how each client handles their contracts with eScription. Not every client or hospital is the same.
I am filing a small claims action this week.

Have one doctor that I had problems with and only typed for him foer three months.  He was unethical but then he felt that I should not charge for anything that was not actually typed, i.e. if he did a normal exam, etc.  So we had a falling out and he owes me $200 and he has threatened fraud against me, etc.  But I told him he could not bully me and that we would leg small claims court settle the matter.  Am giving him a three day notices sent in a signed reeturn receipt and if he does not pay I will go to court.   So if you are an IC that is your course of action.  I work directly for the doctor, if you are with a service and you know the docs that you are typing for, can tell your MTSO you are informing them that they do not pay their IC's and you will not longer be able to work or provide services, but that depends if you signed a contract and stated you would not have any contact with the accounts.  My first suggestion, write a last demand letter and outline that you will file small claims court proceedings and send a copy of that to their accounts. 


Good luck. 


I would advise anyone doubting the validity of the lawsuit
To go back into the archives, at least 6-10 weeks, and check out GPs posts regarding why the work was low at TT and its direct correlation to Dictaphone. While this may not on the surface appear slanderous, it was presented as being fact, not opinion. If her assumptions about TT and Dictaphone were incorrect, and TT can prove this, it is indeed libel. I don't know GP and I enjoy her posts. I'm just a realist/fatalist and see things in black and white most of the time. I'd say it about myself had I left myself wide open and vulnerable.

As for the the unnamed 'Jane Does,' perhaps one of those is that person who types in all caps and says TT 'steals' work from their MTs, 'frauds' the line counts, etc. IMHO, that IS libelous and quite damaging to a company's reputation. What scares off an MT more than the thought of being cheated on their lines or having the good dictators' reports 'cherry picked' by the leads, leaving them with the dung no one else wants?

I'm sure I'll be flamed for my opinions, and frankly I don't care. Libel is what it is; presenting something as fact when it is not fact, and if the person/entity can prove otherwise, they most assuredly have a very good lawsuit.

I am very sorry GP is going through this and I wish her well; however, I cannot condemn TT for taking legal action if she was posting erroneous information as first-hand knowledge of fact.

Freedom of speech is one thing; passing on inaccurate information as fact is an entirely different ballgame.
Or maybe to protect from lawsuit-happy MTSOs, we
are supposed to phrase everything with 'in my opinion', 'crazy rumor has it', 'i wonder if', 'possibly', etc.... Guess we just have to phrase everything with code words to protect ourselves to even be able to share info.

'Crazy rumor has it X company didn't pay me for the last month, possibly, in my opinion...' LOL.
Your class is slipping
.
MDI-MD for SE work is top-class
Simple platform, great people, direct deposit, pays for adt, punctuation and spaces. Very strict QA. A small but growing company. Does not outsource.
At least YOU showed some class and maybe
reflect on how to treat valued employees.  Good for you! Boo for your bosses. 
The cookbook was the most low class SM
so-called gift I have ever received in my life from any employer.  Don't forget they're saving money by never updating the home screen of the community page, we haven't had an employee of the month since November or December.  I will listen and gag at all the patronizing things they say and wait for the bad news to be delivered, whatever it turns out to be.