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Disagree. One letter from an attorney

Posted By: Me on 2007-08-20
In Reply to: Many have signed noncompete re: - contacting .....

to their clients would change this picture...

They broke the contract first by not paying according to agreement; that's all I'd need to either contact the clients directly myself or pay $100 bucks or so to have an attorney do it for me...

Again, you aren't looking for payment by contacting the client, you are advising them in advance that you are suing their provider and that they should be prepared to turn over documents/be subpoenaed.

Or, just roll over and hope the company chooses to pay you. Whatever.


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Have an attorney send them a letter with
a copy of your contract. Also, as poster below says, look for a new job.
The only way I got my money is by sending him a letter from my attorney.
Essentially, all I did was go to a lawyers office and have them send the guy a letter of the amount owed otherwise face legal action and the guy sent me my pay.  Callstreet will tell you that they will pay these great rates and then when you do the work and in the time frame they want, when you see what you are ACTUALLY being paid is SIGNIFICANTLY lower.  This is an Indian guy who uses anyone he can get his hands on and then screw them out of hard earned money.  They conference calls are brutal to get turned around in an extremely short period of time and then to get screwed out of the proper pay is a slap in the face.  He does the same thing to services he uses overseas, too.  I've seen posts on an Indian website about this guy cheating them out of pay, too.
attorney
Honestly, i would sign, collect my severance, and get another MT job. They have NO right to tell you who you can work for and that basically you have to leave your trained profession for a year. You know the MT business you cannot leave for a year and expect to get any kind of job again.
get an attorney
Absolutely get an attorney and go to your state labor board. They can take it much further than you can. Do you have any idea who is doing this to you and why? Your employer is unbelievably short-sighted and your co-worker - I don't even know what to say about that person! Best of luck. I am so glad you have some evidence.
D is an attorney
Just as a piece of information. Of course, she'd tell you to serve on jury duty.

All these weeks/months that the MTs from MDI have not had enough have been during the preparations for this merger. D was just taking care of herself -- she traded you all in for her retirement fund. She may have always talked like everything was about family, but at the end of the day, it has always been about business. I'm not a current MT with MDI, but worked there long enough to understand her personality.

Best of luck to all of you!
Attorney D
Thank you for the reminder about D being an attorney. I had completely forgotten about that. For me, that fact explains her actions a little better...
I had my attorney look at a contract also
I was asked to sign a really outrageous one.... not for Sten-Tel. I don't want to mention the company. It's hardly ever on here and I think I was the first and only person asked to sign one. Basically making me a slave with varying pay and other horrible things.
NO, they cannot! I consulted an attorney about this.
The consensus is that no one can prevent you from earning a living. Noncompete clauses aren't worth the paper they're written on and can't be enforced. What are they going to do, taunt you about being a traitor? Tell them kiss off and talk to your attorney IF they ever find out about it.
About contacting an attorney - sm

I too would like answers because half a truth is worse than a total lie because you mislead with half the truth and do much damage.  Please clarify these issues for us.


1.  Why would the company go to all the trouble to pull this two-bit prank when they could just say good bye to you if they wanted to.  You have been ranting to all of us on shift with you for months about how you have been mistreated and were going to sue the company and demand unemployment.  You did not tell the good MTs here who are ready to take your side and defend your position that All Type has a 3 strike rule and that you have told several of us that you were written up once for failing to make production of 1200 lines a day and then spewing some pretty foul language in an email to a supervisor about them making you do OP notes and type ESLs and how that was not fair to you.  It is an acute care hospital.  That is what we do.  Do you remember telling us about being written up for falsifying your time card?  Honestly, that is pretty serious.  If you were the one telling us that, i cannot even imagine what you are not telling us and what your personnel file looks like. 


2.  I have not seen anyone leave, voluntarily or involuntarily on our team in some time.  So who are you referencing when you say a lot of people quit or were fired.  No one stays at a company that is horrendous and unfair out of the kindness of their heart.  Are you telling us you just felt sorry for the company and the management team you hated and stayed to help them out? 


3.  Evidently you believe that you are a very high caliber employee and MT.  I would think you would be able to go anywhere and find a perfectly wonderful job.  I know most companies are just begging for real talent.  Unemployment is probably your only alternative because we both know that you are NOT capable of working in any acute care setting - and unemployment and legal sources are going to laugh you out of the offices if you tell them the truth! Even if you fail to tell them the real story, your history is well documented.   


4.  From all of the foul statements you have made about this company and their management for months and threatening legal ramifications if they mess with you - I wonder why you would want to be a part of a company that you have made clear to any of us who will listen how much you hate All Type and all of the management.  I also wonder if you do not know that from the beginning when you started making statements to the rest of us about lawsuits - that the company most surely handed your file over to a legal team.  I suspect the legal department has been involved in all of this for several months. 


Good luck missy.  I have worked with you for well over a year and your professional behavior and abilities leave a lot to be desired.  You have been so disruptive that most of your team has blocked you from IM and we are all glad that your drama from 4-12 everyday is finally done.  You should have been doing your job instead of driving us all crazy with your IMs and maybe, just maybe this company would have valued you.  As it is, what goes around comes around and your cheating, backstabbing, and lies came back around to you.  I salute Karma!!!


Not an attorney, but have 2 in the family ...sm

My son-in-law is a newbie lawyer who does have an interest in labor law and the like.  I've had numerous conversations with him re. the MTSOs and all they're able to get by with.  Regarding your post above, the difference is ASKING YOU TO and REQUIRING YOU TO. 


In any job paying on production, if there's no work on your shift DUE TO NO FAULT OF THE EMPLOYER (and this does NOT include having sent your work to VR when you on a straight MT shift and you're out of work) they may REQUEST that you make it up at a later date - this must be a mutually agreeable time.  But THEY CANNOT REQUIRE you to make up work at a specific time - they must pay you minimum hourly wage for your time in that case.   


Try the Attorney General's Office...
for your State. Worked for me and I was an IC. Got my last check. Good luck.
No Texas and will be seeing my attorney tomorrow.
?
Update - saw my attorney and filed for

Two people at the unemployment office told me I have every right to claim unemployment.  My attorney looked over my contract and apparently the owner didn't cover all her avenues and he found a loophole and told me to file.  BTW - one of the ladies at the unemployment office told me they are seeing more and more MTs filing. 


Take it to your Prosecuting Attorney's office
They will quickly act on it. She will pay or be arrested. If it is for more than $100, it is a felony charge.

Also contact your state Attorney General
consumer fraud division. Contact the local TV station that has a department for such fraud and ask them to investigate. Once you go public, you will be paid. Best of luck to you.
I'm sure the attorney has time to "live on this board" like we do. nm
x
Being a small MTSO myself, the second attorney is correct sm
Honestly, here in the Northeast, the courts will not uphold any noncompete clause written in that manner, signed or not signed.

If it affects your ability to make an income and provide for yourself, it will not hold up in a court of law in the great US of A.
My attorney told me that noncompete clauses
are illegal and not enforceable because one person cannot stop another person from making a living EVEN if you sign that noncompete agreement. I went through it with both a pharmaceutical company and a transcription company trying to prevent me from working for their clients or competitors. I can see their point as an independent contractor when it comes to offering the same services and essentially stealing their clients. However, as a former employee, nobody can tell me who I will or won't work for. The second attorney is correct, and I would follow his advice.
Report to BBB, then contact attorney general's
xx
We all need to band together!!! And we DO need to contact an attorney. This has become CRIMINAL!
This is not legal!
Hmmm but interesting....will the attorney actually be able to find out WHO is posting?
I thought this board was secure and identities were not revealed????
call attorney general and do not work until paid
that is BULL
what kind of attorney did u all hire and in which state? What if u are spread
all over the US and there are like 8 that were not paid? Do we get an attorney in the same state as the loser who did not pay us? Or what is your advice there? What did u do? How much did it end up costing u? Plz reply via email if you want.
make complaint to your state attorney general sm

google.com you particular state attorney general and read up a bit. Here in California I know I have read things in the newspaper where Jerry Brown was investigating this or that and taking action, scams was one thing.  Type up the problem encountered, find the website and send an email with all the facts (complete) so that enables a proper investigation.  If nobody complains, they get away with it.  They depend on people not knowing what to do, or feel, what is the use.


Here is a link for my state, can click the titles, they open


http://www.google.com/search?hl=en&source=hp&q=california+state+attorney+general+consumer+fraud&rlz=1R2GGLJ_enUS333&aq=3&oq=california+state+attorney+g&aqi=g6.


Contact the Labor Board, the Attorney General's office,

send them a certified letter with return receipt giving them 10 days from date of the letter to issue you your money.   Be sure and keep documentation of everything. 


contact the attorney general in the state she is in and the better business bureau and
call the local newspaper and something like ABC on your side. Put the heavy duty pressure on her.

Funny some of us were written letters by company attorney when we posted our concerns here
:(
RE: Not MQ-Letter

I have to agree with you on this--why does everyone need to be called personally and I never thought about that, was the call being recorded?? But would they not have to tell you that??


 


Something just does not feel right about this. The packet is coming out in Oct, our all the packets different,after you get the packet will you have to sign something to agree to that pay rate to continue with your job, and is all this heading to a merger with Spheris at the first of the year. When I was called , there were no answers to any of my questions and honestly I think the person on the phone was not prepared for any questions, just to ask you if you got the packet.


 


Some of the offices that have been closed so far have surprised me, especially Warminster and Atlanta, and now Houston and an office in Ohio is closing. I hope it is not the one in Columbus, that is a great office.


 


Where is this all going???  And all I want to do is work, if there was any!!!


yes really. it was in my letter.
under 'highlights of the plan':
#6: "opportunity for paid time off for part-time employees and PTO of up to 18 days per year for full-time employees.."
Next letter
Y
Anyone else get this letter ?

Got letter in mail --  inquiry about 'opportunity' for my service to hire on 50+ MTs including dictation platform - something about an MTSO losing 98% of its hospital business in November and wanting to place these MTs.  ?  I'm wondering if these poor MTs even know about it yet ??


Letter
I received this letter today, and I don't even work for SPI.  I did work for Cymed (long before the merge), but have been gone from there for 2 years now.  I wonder if it's anything I need to worry about.   
Did anybody get a letter from SPI

I am a former SPI employee and got a letter from the company who did our paychecks today saying an SPI employee had left a laptop on a plane that had our personal info such as SSI#, bank info, etc. and the laptop had not been recovered.  They are supposed to have a 1-year free deal with Equifax for a credit watch.  This is really scary to me. Was wondering if anyone else got this letter.


Letter
Yes, I also received one today.  There is a thread below that was started about this, and I posted to that.  I have actually never worked for SPI, but I did work for Cymed 2 years ago.  It's so scary to think that my personal information might be at risk.  I think it might be best to enroll in the coverage now.   
SPI letter
I also recieved the letter. I worked for Cymed. My sister used to work for an insurance company and recieved the same letter. She has been monitoring her credit report but has had somebody try and change the address on a few of her credit cards. What next and how incompetent are people.
letter
Does anyone have any samples of a letter that you would send out to doc's to get their business.
I got the same letter
My letter said I had to become an employee because of state regulations - I assume this is for Massachusetts where Focus is located? That doesn't seem to make sense to me since we are located all over (I am in Kansas). I've been an IC with Focus for a year and haven't had too many problems but do get updated account specs just about everyday. I can only keep up with 1 account assigned to me bec. I can't remember everything for 3 accounts. I am content with staying at Focus but only if I can pick my shifts and days to work.
letter
Wow! Well written. I posted here last week and was called a suck-up, but I still think you are right. I do my own share of griping, but having been an IC, I know what you say is true. I'm much happier being an employee. MUCH less stress. Try working for a federal prison and not getting their work back - I never had the guts to be late, even though they were at times late with the tapes and my paycheck. I only went to being an employee within a company because of a severe, chronic illness in my son. This works best for me now, staying at home and being here for him, not running around picking up tapes and delivering sticky progress notes. By the way, what does MTSO mean? My guess is MT service organization, but I'm actually clueless.
This letter should be followed up by a letter to
*
No letter here! nm

Can we talk - about this MQ letter!

The first sentence that sent me tossing my cookies was "...we would like to thank you for your continued service and support.  we know the key to our success is the people who work so hard for our customers every day".


 


PLEEZE......I have not had one centilla of a raise in over 5 years!  So we know what that sentence was all above.  Your thanks and $1.25 will get me a bad cup of coffee at Huddle House.


 


Next - that's the whole reason for this letter if you ask me - the little ditty from WINSTON AND STRAWN, attorneys at law.


 


They wanted MQ employees to cough up DOCUMENTS (document preservation).  Of course the attorneys for the MTs' class action suite are also searching out those very same documents.   How quaint.


 


And that graph about "over the past several months with your help and input we have been working on developing a pay plan and comprehensive benefit program that will enable us to set the standard in the industry."  Nowhere in that whole paragraph did it mention statutory MTs.  It addressed them in the salutation of the letter, but never in the paragraph about the pay plan of benefits if you notice.  and lord help us if MQ is going to set the STANDARD for the industry (which they have single-handedly devastated all by themselves).  They did not make profit through solid  business means, they made their profit off the BENEFITS we as MTs made previously and which they through smoke and mirrors merely shifted over to their profit column.  That didn't take a genius - just underhanded business.  I could do that too, take what used to be benefits and change it to the profit monies. 


 


And in this letter they further have the nerve to claim:  "While we believe that the claims raised by the three transcriptionists appear to lack merit..."  How about the thousands of other MTs who also believe it to be so, and the hospitals that back them up?


 


I have to go pour me a drink. 


No. The only letter I have received is the
September 2nd letter announcing the upcoming Rewards Plan.

Yes, if ASR pay is being reduced that is a pay cut. It is A pay cut. The above post made implication that there was a pay cut across the board, "... the pay cut ...".

I just don't see a need to be careless with that kind of assumption.

I have received nothing about the ASR reduction. However, I do not do ASR and it may have only gone to those MTs.

Watch out. SBC just sent me a letter saying
they were switching me from unlimited LD to 10 cents a minute.  So I called and canceled my LD with them.  Back to onesuite.com for now.
Isn't there some way an "anonymous" letter
Let the doctors and clinics know where their work is being sent--to a country with no HIPAA regulations. Let them know that the people who have faithfully worked for them for years just got shafted BIG TIME.
Trying to Advertise my letter...
in the Toledo Blade myself. They told me that the advertising managers will have to review my article and decide if they will let me do it. I don't know what it will cost to do it, but I am sure going to try!!!!

I will send it to Lou Dobbs now.
Medware QA boo-boo letter
So, did you all get the QA email that was intended for QA staff dealing with the India work?  and then the email stating, oh, disregard that email . . . Well, there is the proof that MW offshores and is looking to do more and more at our ultimate expense. 
SPI/Ceridian Letter

Wondering if any SPI employees have accessed the enrollment for the 1 year free credit monitoring with Equivax due to a supposed breech of security with their payroll service, Ceridian.  I am wondering if this is legit or if it is the typical scam where after the first year free you are automatically enrolled into the service at a charge and it is your responsibility to cancel.  I would hate to think they have stooped so low as to be profiting off of their employee mailing list.  Guess I am feeling a little cynical today.


I second that emotion..to the letter!
nm
LETTER TO CONGRESS
Here's a copy of what I sent. I encourage us all to write more letters to save our jobs. Feel free to copy any parts and use to send to them.

Please stop the outsourcing of our medical records to third world
countries for cheap labor to be done by people that cannot fully speak the
English language and are not qualified to transcribe the health
information that may be outsourced to them. This is done solely because
the american company that is outsourcing is cheap and saving money at the
cost of the patient's health due to the inconsistency and inaccuracy of
their ability to accurately transcribe the English language and are just
transcribing anything that they think might be the proper English or
medical term. This puts the patient's health in jeopardy and high risk of
having the inaccurate information such as inaccurate medicines, inaccurate
medical conditions and the obvious accessibility of the patient's full
name, address, social security number and other very private information
at the hands of the unscrupulous overseas companies with no laws governing
their privacy laws and no punishable by law of any misuse of this
information that could be for sale to any one and by anyone in the third
world countries that have access to the information. There is no
remediation ability for any illegal use of any of the information that is
transmitted via electronic voice, computer or fax machine to these
overseas companies and therefore the very use of this kind of service by
an overseas company should be highly illegal and should not be allowed
considering that there are many American companies that do have to adhere
to the HIPPA privacy law and all the legal ramifications for protecting
every patient's private information and medical information.

This is a very serious matter and affects every American as there are many
unscrupulous businesses operating on the very information that we as
American companies are held of the highest regard to protect all patient
information and are held responsible for any misconduct that may occur
with the releasing of any of the patient's information whether it be
social security numbers, health information or personal information that
can be gleened from any medical record.

We Americans take pride in our work and we hold the patient's medical
record to the utmost respect and privacy. There is no way to control the
overseas companies and they cannot be held responsible for selling any
patient information.

Thank you.


The name is Axolotl. The last letter is an L, not an I.

Refusal letter
May I borrow this when needed. It says everything that needs to be!!!