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Serving Over 20,000 US Medical Transcriptionists

could lawyers have gotten a court release? NM

Posted By: anon on 2009-08-08
In Reply to: My guess would be..... sm - Hmmmm

x


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sign a release saying she wouldn't take Transcend to court ?
What is that all about?  Is that true? Why?
Lawyers
Would it be possible or is anyone interested in hiring the same attorney and splitting the cost up? I don't know much about law, but can we all go together and file a class action suit? I'd definitely be interested and maybe this would help us in the long run so it wouldn't cost so much to hire one.
And even threaten you with their lawyers
That's why you only see the positive posts.
labor boards and lawyers
A nice thought, but in today's economy, it is an employer's market. And we are ....hate the dreaded word....human resources, commodoties to used up and discarded. The only way anything could be achieved is if none of us had to eat during the time it took to get organized. Got a plan?
company run by lawyers, not by transcriptionists...
for what this at is worth.
You're right. I think they are accountants, not lawyers...and
they don't interact with the lowly MTs, not once in the 5 years I was there, so you obviously are not an actual MT.
the company (the owners), men, are lawyers...
check it out, it is even on the website.
personally, would like to see a lawyers' advice forum

tnku
Lawyers will file anything whether it is true or not. They have nothing to lose. sm
It's called ambulance chasing! There are law firms in every county that are jokes. I am sure that is one of them.
here is the release sm
ATLANTA – Atlanta-based medical documentation services provider Webmedx announced
today that it has acquired Medical Transcription Education Center, Inc. (M-TEC), the leading provider
of distance learning and education programs for the medical transcription market. In 2005, M-Tec was
the first program approved by the Approval Committee for Certificate Programs (ACCP), a joint
committee established by the Association for Healthcare Documentation Integrity (AHDI) and the
American Health Information Management Association (AHIMA). The acquired company will operate
as a wholly-owned subsidiary and remain located in Fairlawn, Ohio.
M-TEC’s executive team of Susan Francis, President and Kathy Kropko, Chief Operating
Officer will continue to run the business. “M-TEC has an industry-best reputation for a reason. We plan
to build on this and assist the management team and their accomplished staff in meeting the expanding
needs of the clinical documentation market,” says Sean Carroll, Webmedx CEO.
“It has been proven that a solid education is the catalyst for a productive and effective workforce.
M-TEC’s history of successfully training medical transcriptionists, matched with the Webmedx standard
of excellence, will promote an even greater job-ready learning environment. We are excited about the
opportunity to work together to offer the highest quality training and support for the medical
documentation industry as a whole. We believe this joint effort will benefit students, graduates, and
employers for years to come.” Susan Francis, CMT, AHDI-F
Carroll stated M-TEC will continue to work closely with trade and professional associations in
the sector to develop innovative educational and training programs that are relevant. He further
committed that the company will continue to produce the highest quality graduate possible and promote
employment opportunities broadly across all employers.
“Our strong belief is that new roles and related skills must emerge in today’s workforce to
augment the obvious progression of technology,” Carroll states. “M-TEC has the talent and experience
to lead this charge within our sector. It’s a natural business combination. Both companies share a
dedication to providing top-shelf products and services and have genuine interest in the industry’s
future,” he said. “Aligning quality with quality always makes sense.”
5901-C Peachtree Dunwoody Rd NE | Suite 450 | Atlanta GA 30328 | T: 678.443.7240 | F: 678.443.7241
About Webmedx
Webmedx, Inc. is the premier supplier of medical documentation services for hospitals and
clinics nationally. The company designs and implements customer-centric documentation solutions
using the most credentialed domestic workforce in the industry and its own enterprise-class, intelligent
speech recognition and content management technology platforms to deliver the highest-quality clinical
documentation possible supporting patient care and safety.
About M-TEC
Founded in 1996, M-TEC has raised the bar on education for the medical transcription industry,
offering a solid distance education program that incorporates and surpasses the AHDI Model
Curriculum requirements for training. The first ACCP-approved (AHDI/AHIMA) school, M-TEC
believes that a solid education will help open doors for better jobs for students and a better workforce
environment for the industry. Graduates of this program are sought after by employers and are moving
on to become service owners, association leaders, and educators within the MT community. Recipient
of the MTIA 2008 Industry Support Award for excellence, M-TEC was recognized for their support for
the medical transcription industry. M-TEC is approved by the State Of Ohio Board Of Career Colleges
& Schools #97-04-1463T.
# #
You don't need to a sign a release for them

They release you from QA early because they
to review the reports correctly. It is sad. You get what you pay for. Plus you can type all you want from the first day with no regard to quality and I wonder how many slip through without going through QA first?
Waiver/release is unenforceable
Regarding that waiver, have your attorney look at California's Civil Code Section 1668.

California Civil Code Section 1668 reads: All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.

Meaning...the law says...such a waiver/release CANNOT even be enforced against the California MTs/employees even if they signed it. There are quite a few Federal cases under Title VII, as well as California cases, that your attorney can look up.

Good luck!
Where did you read that press release?
I would like to read it too. 
We just had a press release emailed to us. nm
x
what is scary is when they threaten to release
confidential information, basically extortion. I guess what I meant in regard to offshoring the work is when they have depleted their staff, what other option will they have?
Really? Give me a link to this "press release". Bet you can't.

There was a press release and phone conference. nm
nm
Found link to press release
http://www.culbro.com/pdf/OSiPressRelease.pdf

Well, I already had one company I worked with earlier this year bought by an Indian company and basically left them. Now, we have OSi backed by this family who invests in US and INDIA, of course. I'm going to wait until after my next big vacation and then bye bye OSi.
I guess my bank is different. If they release the funds on Friday, they are sm

in my account on Monday morning, usually by 4 a.m. when I check my balance.  I appreciate you understanding.  I too live paycheck to paycheck, unfortunately, and some times a day or two make a HUGE difference.  I guess I was spoiled because they used to pay a couple of days after the end of the pay period, then they went to this manual line counting stuff, and you never know when it will be done. 


Fortunately, I did get my line count last night, so I'm crossing my fingers for Monday, but probably not Tuesday ... sigh.  I will get a paycheck from my new job soon, which has set pay days where it is promised to be IN my account, so that will help a lot. 


As I said before, it was not an attack on the company.  Mostly I was venting because as much as I have enjoyed the work, when I have it, I hate living in limbo.


course not, no $, no pay. But if it goes to court......nm
n/m
I saw this tried in a court
It wasn't an MT but an ER physician who was being sued for breach of his noncompete contract.  The ruling was that he could not take any of his employers clients but according to the judge (Louisiana) to enforce the no compete to any greater extent would deprive him of his right to make a living.  He also won his counter suit asking for payment of his attorney fees to defend himself.  Don't know about other states but I would assume it would be pretty much the same.  These suits never stop trying to intimidate us do they?
court
As you said you know this will not hold up in court. So sign the paper, get your money, and find another job. Honestly, I do not think they will be hunting you down for the next 12 months to see what you are doing. Obvisouly, this pay is not even covering 12 months of unemployement so what do they think you are going to do. It is not like your a cashier at Walmart (nothing wrong with that) just saying that you have to be trained in the MT field and tht if you went out of the field for a year you would have a hard time finding a company that would take you back. Please let us know what you decide.
When a hospital gets fed up with going to court

rethink if cheap is the way to go in the case of medical records.


It's no fun to go to court on malpractice cases and have inaccurate and incomplete records.  You look like a fool and it makes it look like you are even more guilty than you may have been.  I have seen it from the side of the medical affairs office and talked to the people who have to go off to fight the battles in the court.  Trust me, quantity over quality is not what is needed and hospitals can't afford to lose too many of those cases before they lose accredidation.  Then the ballgame is over.


You could try court reporting (sm)
...If you're that sick of transcription.

My sister does it and makes good money.  I agree with the poster, above, though - there can be two or three people talking at the same time, some people could be hard to hear 'cuz they're really far from the microphone (a microcassette player you bring yourself).  Plus it seems like double the work - you have to go to court and type on that little ShortHand machine (oh, and you have to learn shorthand), then type the stuff out in readable form at home.  And you have to have a professional wardrobe to wear to court.  Yuck; not for me. 

She seems to like it, though.  She does have flexible hours (it depends when there's a case going on), works from home but has an office base.  She has to drive around to different court locations a lot (she might be able to deduct gas mileage).  I think she's considered an independent contractor, with all the pluses and minuses that go with that (more freedom but more taxes, pay for own insurance, etc.).
As I said in my post, I would go to court
and swear on a Bible about the goings on. In fact, I have documentation and print outs to prove back up my statement.

And to clear the air, I am by no means a disgruntled employee. I definitely MADE SOME MONEY working at the company, benefits, etc.

So before you get on your soapbox, you really should read by post again. I said I was with Healthscribe. You are with Spheris - Healthscribe joined up with Spheris, but a lot of the same people are now running Spheris. Maybe they did change their line docking - BUT AGAIN, READ MY POST - I WAS WITH HEALTHSCRIBE AND AT HEALTHSCRIBE THEY DID DOCK THE LINES IF A Transcriptionist WAS SENDING TOO MANY REPORTS TO QA.

I do not and have not worked for Spheris.
court order?
Terri Davis is gone by court order? How? Why? Such dish!

Who's the businessman running the place?

More info is needed! Totally interested now!
I know of folks who have taken a company to court and won
but still has not gotten paid to my knowlege.  If it is DT then hang in there....always have to hope for the best.
It is going to superior court. Can't wait to see what happens!
I was in total shock when I read this article. I also thought, from some of the posts on here, that they were pretty good to work for. Guess they totally screwed themselves now!
Email if you want the court papers.

All info for opting in is in those papers.  Current employees cannot be fired for opting in.


My friend is a court reporter (sm)

and she was trying to get me into scoping.  From my understanding, the court reporter does the stenographer, which then goes through their computer to turn their abbreviations into words.  Then, they send it to the person scoping.  That person then does all the profreading for them.  My friend spends lots of time proofing, so this would really help them out.


Hope this helps somewhat...


Wish I'd chosen court-reporting! -(sm)-
When I was 25, my friend & I were both going to trade school. She chose court-reporting, and tried in vain to get me to take it with her. But no, I chose MT because it was faster and I could get a job quicker.

SHOULDA', COULDA', WOULDA' !!!!

If life were on videotape, I'd rewind back to that year and make the RIGHT choice this time. Too late, now - MTs are screwed.
Other than through a court order!!!! Never said the info was NEVER given out at all! nm
laskdjf
IC/Overtime Court Case in Texas

There is an 'opt-in' federal labor law case in the Texas courts naming a midwestern MT company as the defendant for nonpayment of OT and IC/employee status violation.  If you Google full company names, the case will come up in the results. 


Opt-in means that if someone wants to join the law suit they need to contact the defendant's lawyer or the courts.  This information is public and easy to find.  I paid only $0.64 online to get the legal papers filed with all of the contact information.


**** This thread is being locked.  All replies need to go to email. ****


 


If it is a court case, then it is public knowledge
x
IRS is the final arbiter on this unless their ruling is taken to Tax Court

Below, you'll the link to the IRS page on this question. Paste it your browser.  Or, follow the link at the bottom of the post.


As companies exert more and more control over the work, it gets harder and harder to see how most of them can take advantage of hiring people as ICs.  I think the IRS has taken their eye off this ball in recent years.


One thing of SPECIAL NOTE: On this page you will find a link to a form called SS-8, which EITHER the company or the worker can file with the IRS for an official determination of your status.


It can take awhile to get this back, but in the meantime, if you're an IC you might want to ask your company whether they have filed an SS-8 for this determination, as the IRS recommends companies that use IC's file this form.


http://www.irs.gov/businesses/small/article/0,,id=99921,00.html


My court report provided the key to her software and
yes, you are IC and basically work for the court reporter. You work when they need you, sometimes weekends when they have rush jobs..without notice because they are not always notified by the attorneys until the last minute and you do HAVE to meet the deadline. Unless you are working for a trial court reporter, you are mainly working depositions. GOOD TO KNOW ABOUT THE ADVERTISEMENT. I think someone with transcribing skills can get into this very easily without that expense. By contacting court reporting companies, you can get the info on the court reporters looking for scopists.
Your point? They have to obey a court order. nm
nm
ho ho ho but the hosp can play Russian Roulette w/going to court with

Those medical records became cheaper for hospitals how?  When they go to court with those expensive incorrect records and LOSE, wonder if they think it was cheaper?


 


Take her to small claims court. Good luck!
nn
I hope you sued in small claims court! -(nm)

No, we did not give out information. No court order involved. sm
Obviously, TT was able to look at the information provided in the posts and determine who they FELT were making the posts.

No information has been given out by MTStars on this situation whatsoever.

Move on.

Moderator

Well, call a lawyer then. A good one. You could even get court costs paid by your employer probabl
d