Here you have classic IC loophole

This is exactly why MTSOs as well as MTs alike should understand the meaning of an IC.  Nevermind the set schedule part for a minute.

An MTSO doesn't by law have to supply any work.  Did they tell you in a contract they would?  They can get around it because you are classified as an IC - they need not provide work, overtime, a steady income, any of that. 

As an IC MT we have no rights to say to an MTSO you must provide me work. 

Now, all the other MTs here who just love their situation of IC MT set schedules needs to read these posts especially the original post because this is exactly what happens in these situations. 

No, you don't sit and wait.  As an IC you find something else and tell that MTSO to stick their set schedule where the sun don't shine and that you are an IC and you need to work and that means contracting for other companies which is in essence what an IC really does. 

The painter moves on to the next paying customer as does the MT.  Also, I wouldn't worry about whose work you're taking.  Take the darned work and transcribe it until you can find something else that's truly IC.  You can't worry about their contractors; they are not your problem.  Sorry, but that's the way it goes.  Sounds harsh, but hey, they set us up this way; so it's dog eat dog now.

• Loyalty to Companies Who Have No Work and Expect a Schedule from YOU - MT
  • there have been regular attempts to organize MTs over the years ... - dandelion
  • I love your analogy of the fence painter s/m - gourdpainter
    • Glad to see your moniker back, have - linda
      • Thanks, Linda s/m - gourdpainter
        • LOL-I saw one of those at the eye doctor earlier - mlstoo
    • I cannot see why anyone particularly IC would sit and wait on work. That is almost - MT
      • The biggest insult is... - Frustrated MT
        • Wonders How Many MTs Here HAVE Benefits NM - MT
          • (and what their premiums/copays are) sm - MT
            • The insurance does stink... - Frustrated MT
              • My sister dropped her insurance. sm - mlstoo
            • actually not cheaper to pay it - yourself - ins gives discounts
              • That is true in my case as well... - MT
              • I have saved a ton of money this way - on insurance
              • Really?? I didn't know that! Good to know, thx. nm - MT
              • Insurance - gourdpainter
                • I used to think the same way - until I did insurance billing for a couple years
                  • I agree. As medical insurance biller/coder/transcriptionist - Jackofalltrades
                  • self-pay discounts - kt
                • truthfully that has been my exp also nm - MT
      • And furthermore, you can see this hits a sore spot, this giving people backup accounts and then - MT
        • I definitely agree. - sm
  • feast or famine - drn
    • Used to be. I haven't experienced any feasting in a few yrs now. - It's all famine now, and I'm outta here. nm
      • Famine indeed - gourdpainter
    • Could not agree more with your philosophy - IC for a recently "famine" MTSO
  • Here you have classic IC loophole - sm
    • Could be - Alice
  • So, what do we do about it? - justapainter
    • I don't know where you live but where I live foreclosures are rising and there are no jobs -- non - dandelion
    • See inside for what I have done about this very pathetic situation. - MT
      • What MT said - fatcat
  • Very well said! nm - Indeed

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MTSOs have a unique loophole.  I got caught up in it a couple of years ago when trying to use medical leave for my personal medical illness. 

Here are the Federal Requirements:

 EMPLOYEE ELIGIBILITY

To be eligible for FMLA benefits, an employee must:

• work for a covered employer;

• have worked for the employer for a total of 12 months;

• have worked at least 1,250 hours over the previous 12 months; and

• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

The loophole for MTSOs is the last one …”50 employees… within 75 miles.”  MTSOs can interpret that to mean “50 employees who WORK FOR SPHERIS” within 75 miles of EACH OTHER.  So, if you live in the middle of Wyoming, there may not be 50 employees within a 75 mile radius of your home.  Thus, the loophole, which some MTSOs actually do use.

HOWEVER, some employees do have a counter-loophole.  States also have FMLA requirements, and the State that you live in supersedes Federal requirements.  In my case my Sate does not have the “75 mile radius” requirement, so after I contacted my MTSO and informed them of that, they backed down and approved all the leave I wanted.

Check out your State requirements to see if they are different.  If they are not, if you can survive with 6 weeks and want to keep your job, I would not rock-the-boat any further.  Personally, I would use those 6 weeks to find another employer who is more employee friendly, if there are any left out there. 

Good Luck and Congratulations on the new Baby. 

My facts cannot be wrong, as this is what happened specifically to me. I do not have to stretch the truth whatsoever.  The true version is colorful enough.  Imagine being hired and thinking you are going to have an unlimited amount of work, quitting your old job, only to find out a week later that not only you, but the other girls on the same account no longer have any work.  Sorry, the deal fell through.  Certainly not MY fault, but KS's.  The thing turned out to be that the account was just an overflow account.  Go figure. 

As far as the bounced check goes, I don't know what "one of the 8 means", but my checked bounced and I received NO letter from KS's bank.  As a matter of fact, I had to email again and again and, yes, again the office to get my money and fees paid.  It took quite a while.  I have the paperwork right here in my desk.  I have proof. 

To the KS MT who says I need to get my facts straight, I believe this is once again Lee pretending to be an MT or one of her management team trying to deflect the truth.  It is the usual way of KS. 

If you do take a job with them, I wish you good luck and I sincerely hope that you do not have the same problems as many of us have had.