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Yes, its simply called a No Compete contract.

Posted By: Its easy to figure out why we have these on 2009-02-08
In Reply to: Question: Did this also happen to you? - x

in our industry. MTs and management alike are bound by them, so really should be no hard feelings or a big deal. Its a very understandable clause and common in all industries, not just ours. If you don't like the clause, you don't have to sign or work for the company. Its not a biggie, really, and very common.


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they have to compete with the

I guess that is whats happening? 


Non compete
Normally a noncompete clause pertains to an employee leaving a company and either going to work for one of their clients or taking the account for herself.

It should not keep you from working for a competing transcription company just should keep you from taking one of theirs clients for yourself or to another company.

Check the fine print a little closer
No compete
I do not think I would sign this, but also wondering if any of this affects your right to unemployment. When the hospital outsourced us we got a severence and then they denied unemployment for the time of the severence. We did not have to sign a noncompete though. I think this can vary state to state though as far as unemployment laws. On a funny note though, the hospital assumed we would all jump at the chance to work for the company they contracted with to outsource the work. Not one of the 35 MTs went to work for this heavily Indian-based company with a bad rep of hiring the MTs for the transition, then firing them once things were in place in India. The HR person at the hospital told me they were shocked and never expected to have to pay out the severence or have the unemployment claims they ended up with. Oh well!
Non-compete
If you are in a specialized business, such as medical transcription, you can claim hardship and a court will not hold you to said non-compete.

You have a right to reasonable opportunity to support yourself and a non-compete signed with a transcription service isn't worth a whole lot.

And if you work for someone and go after their clients, then ya just hope Karma doesn't pay you a visit.
Need to know the wording. Non-compete does not mean you ....

cannot work for another company.  It usually means you cannot actively persue work from any of their accounts.  They don't care about other MTSOs or if you have an accout of your own.  This is especially true if it is IC. 


You need to read it over again.  Non-compete isn't about your time...its about their clients.......


No-Compete Clause

I need help making a decision and I don't know who to ask.  My company recently had a layoff, and in order to receive my severance, they are asking that I sign a form that states that I will not work for a competitor for the next 12 months--basically stating that I will not begin to work for any company in the MT business and that I will not try to start my own business.  The severance pay only equals a very, very, very small fraction of 12 months of pay, so the compensation of this request is inadequate.


I have contacted to local attorneys.  They both said that it is legal of them to request this.  One lawyer said that I just simply should not accept the severance and that I should just try to find another job.  The second lawyer said to sign the agreement, accept the severance, and still try to find another job because the no-compete clause is just too vague and asking me to give up my career for 12 months is not something that would be supported in a court of law if my previous employer decided to prosecute.


Has anyone ever been in this situation?  What did you do or what is your advice to me?


Some places have no-compete clauses with
s
Are you sure the non-compete clause prevents you from working elsewhere?
Oftentimes, what the non-compete clause in an MT contract means is that the MT cannot solicite work from the clients of the MTSO, not that the MT can't also work elsewhere. In fact, for an IC contract, stating you can only work for that MTSO is a big no-no (since one of the IRS definitions of an IC is that they provide their services to more than one client).
How can you compete with the big-company price-wars? - nm
?
Non-compete clauses in contracts. Has anyone refused to sign this and still got the job? nm
nm
I agree. Three months and the best move I made. For radiology, I do not think anyone can compete.
nm
I worked for an all US MT company, we lost to offshore. Couldn't compete with their bids, and th
:(
And I was simply pointing out that saying
you weren't a recruiter.  I didn't say you weren't a happy employee, most recruiters are, and so are employees that get referral bonuses.  In fact, I didn't even say you were a recruiter.   IMO, it could have been just as easy and more polite to say, No, I'm not a recruiter than to give the snide, condescending remark, now wouldn't it?
Yes, I am. And simply look at the archives. nm
x
I personally would take the $15 simply because
production-based work stinks regardless of how easy and how many normals there are. Production is never going to be a salary you can count on. Go for the $15. I sure would.
I don't think anyone has attacked you. You are simply
nm
I was simply posting that
I was hassled by an MT who was fired. I could care less about your know-it-all antics. I'm over 30 and too old for your immature crap.

LOL!!
I was not IC, simply helping out
my local hospital when it was swamped with work, and agreed to help, at $1 per dictated minute.  WONDERFUL $$; I could type off at least $130-$140 a day, and over 20 minutes an hour.  It really is worth it, but ask for at least $1 per dictated minute. 
This is simply not true. nm
There was never a time that they could not meet payroll due to not having money in the past 6 years. When they first started out it was tight, but they are a huge company and I have never had a problem. I worked in the office for a while. They have a line of credit and never have to worry about that.
I am not a bully. I'm simply trying to tell the OP

to do something about her situation instead of whining about it and posting on here that there is no work and looking for pity.


There are plenty of companies hiring.  What's wrong with google?  Ever heard of that? 


Geez - try to help someone and you're called a bully, Grinch, and told to go away. 


So what does the OP want?  Because at this point, I'm clueless as to what she would expect with a post like that.  Almost any company on here would kill for a 3rd shift MT.


Simply trying to follow along here.
So what is the real concern in security here? I work with Escription and nothing is stored in my computer, download and upload each report to the company.  Most infringements are most likely occurring only by an MT who does not understand and practice confidentiality or HIPAA guidelines in this case mentioned originally.  We have been warned for years an MT can lose a job by any infraction, but this is a perfect example of that happening after the damage is done. 
I think it's simply many people do not have
enough money to go around and simply don't go in for medical care. At $20 a visit copay for internist, or $40 for specialist, then the prescription, many people can't afford the copays, especially if they have children.

Our good sized hospital is slow, as are the others in town as well. People just dont want to come in and have major procedures done and end up with the copays of hundreds of dollars.

I think people are prioritizing; feed your kids, keep a roof over their heads, or run to the ER for a case of the sniffles.
Nothing to feel sorry about. You simply got an offer
"too good to refuse"...Happens to me all the time whenever I interview for several positions, and they all have understood, as long as you're just honest. Sometimes the company you end up rejecting tries to match the offer of the better company. Then you realize how you needn't have felt bad - the original company would have, or could have, offered you more, too!
Mostly, I simply ignore the "trolls"..don't need em...nm
x
I simply asked her what the reason.. sm
..was for her post, to find out her motives, and to hopefully help deter some MTs from divulging more information than they should about themselves.  You never know on these boards.  So I feel that you insulting me was unnecessary, not my question to the OP about her motives.
Do you think Acusis may simply be a 'front' for what is really -
?
US companies are in India, not simply SM
subcontracting, they are established as companies in India. Large companies. And there is nothing anyone can do about it.

Simply put & point being - no different than a med student
.
Am I the only person who is simply grateful sm
to be employed? Wow. I don't understand why so many people feel entitled to a bonus. Back in the day, yes, it was much more common to get a gift or a bonus (esp if you worked for a smaller company) but now, with the economy as it is? I'm just happy to have a good, stable job. Count your blessings and don't envy what you don't have.
A former colleague went to work for them - said it was simply
I won't be more specific except to recommend that you pass on this one.
No sore spot at all. I simply do my job,
get my lines and hours in without much trouble and don't fret about who's getting the gravy work. I get along with my lead and supervisors well. I can do any report that comes my way, even the ESLs that others continuously skip over or suddenly lose their connection when they see the name or number. Simply do the job I was hired for, collect a nice paycheck and when my day is done I don't think about it again until the next day.  
I know people there who need to be fired and they won't fire them. That just simply sm
is not true.  They are a very nice company.  They have benefits which include PTO and sick time. 
She is here to slander a good company just simply
because they decided to change their mind on an MT trainer position calling the owner a liar. How sad is that. If she only knew the owner and what a good woman and professional she is.
the OP did not badmouth; simply asked questions.
nm
Wow....calm down. She simply stated it wrong..
All you have to do is say don't you mean...

Take a Xanax lately? Just a thought.
I simply send back a reply to
all political emails to ANYONE that thinks I don't have the intelligence to form my own opinions and say return to sender.  Some have definitely stopped. 
That's simply not true - the policy is if you are documented OOW sm
you are not required to use your PTO. Whoever said that is wrong and you should go higher up the ladder to ask about the policy.
You are simply incorrect! I do support my family...
however, I have been able to adapt to all the changes that the medical transcription industry has encountered over the last decase; in fact, I welcome the changes and it has been interesting if you keep the right attitude.
That is simply not true. They still offshore approx. 80% of everything
and will continue to do so. That was the whole point of Nuance purchasing Focus. Whoever is telling you otherwise is simply lying to you...or you are lying to us!
I know, that wasn't the point. It was simply the play on words....
......simply the play on words in the Google blurb that fit the situation, not the whole related article.
I had assumed eScription was simply editing, not correct? (nm)

I wasn't being cold, simply matter-of-fact. sm
My own reproductive history isn't a factor in my opinion. In the list of medical procedures, some things are necessary for life, others are not, they are elective.

Medical insurance exists to protect you against catastrophic financial burden due to unforeseen medical expenses. IVF is personally chosen, it is 100% elective, and it is done only to satisfy a personal want.


Also easy to put an end to it if the company would simply communicate their denial of the rumors, as
x
They have called me twice and I have not yet called them back
Per your recommendation, I just might. Thank you.
I called and called and e-mailed my STM. When that got no

results I went over her head.  Got another account, but with 3 accounts still not enough work to get in more than 20 hours/week.  I worked a shift that was part 2nd/part 3rd.  Some days OT was offered, but then there wouldn't be work the next day. 


To my knowledge, the owner still lives in India, simply owns a home here. sm

The work is received FROM the Indian office and sent TO the Indian office.  They used to hire only American MTs, but then started outsourcing to a company in India (big surprise).


I understand what you are saying, though.  And if they are honest about it, then it is the choice of the MT as to whether he/she wants to work there.  The fact that they blatantly misled in their ad angered me, but then again, I have been an MT long enough, nothing should surprise me.  I guess I have done my part, and I have no particular axe to grind so I should just leave this alone now.  I just was shocked when I saw the ad. 


Good luck to all of us in finding a job that treats us well and pays us even better (smile).


It's in their contract, which they sent me. NM
.
Anyone know who has contract for...
Community of Ventura in CA...used to be M/Q but they lost it a while back and I loved that account, even the ESLs..worked on it for 5 years and I put out tons of work for them day after day....wish I could get it back....anyone working there?
If it's in your contract, yes... sm
I checked with my attorney a few weeks ago as I am going to soon be going to IC status. They can have you contract for a certain volume per day, completely legal. It has to be in writing. As an IC, you also are not guaranteed work, however, so if there is none, you're out of luck and $$ for the day. Unless of course you are lucky enough to have a clause in your contract that says you still get paid for being available.

They cannot tell you when you have to do those lines, but can tell you when the deadline for them to be done is. Most ICs I know specify that they can work Xday and approximately x hours or x lines or they contract to a volume per week, but hours are up to them as to how they plan to get those lines done.
I wonder how their contract
would hold up in court. Hmmm
Why? what's in the contract?
can't you be more specific?