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I am filing a small claims action this week.

Posted By: Patti on 2008-02-23
In Reply to: What if you're an IC? - Recently screwed MT

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. 




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once filed, both parties must appear at small claims
court. If party that didn't pay doesn't show, then a judgment will be made against them. If the person filing the complaint in small claims doesn't show, it will be thrown out.
Take her to small claims court. Good luck!
nn
I hope you sued in small claims court! -(nm)

WAIT! Before this gets further out of hand with the nay-sayers on here, talking about small claims
that, have you tried talking to them about a different account? They are pretty easy to work with, not impossible like the one I left that starts with M and ends with Q. (kind of)
2 small MTSOs, IC, work 8-10 q.d. ~6 days a week, ave 2000-2300 biweekly, 10 yrs exp. 0.06gross and
;
If filing

taxes using personal legal name and Social Security number, and not a corporation name using an EIN, you are not a business. 


Assess your work duties, instructions, schedule, quota, equipment, programs or instructions provided by MTSO to carry out work during your time there.  If  you meet employee criteria (and most do), you qualify to collect retroactive benefits from the first day you were given explicit instructions, training, equipment, strict schedule.  Legally, you are considered an employee from that ponit on and you are due cash reimbursement for outside medical insurance paid out-of-pocket, for unpaid employer Social Security contributions, for vacation time not paid. 


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. 


Anyone gotten their Keystrokes tax info for filing
out taxes yet??
I know my filing triggered an audit - sm

for this company and yes, they did in fact then go back and look at one other person that I am aware of and created, unfortunately, a backlash for that poor person, as she then had to refile her taxes.  The company was hit with huge back taxes, interest and penalties.  I worked for a small MTSO.


The Transcend article has to be accurate as it is part of their SEC filing. sm
Unless of course they are pulling a Medquist!
Form an LLC (limited liability corporation) if you are an IC by filing legal paperwork SM
that way no one can sue your personal assets away, only those of your business entity, even if it is only your IC company in your name. This can be done through a lawyer or at companies such as legalzoom. this limits your liability and protects your personal assets. otherwise, they can take away all your assets, including your joint assets of your spouse.
Course of Action

1. File a complaint with the labor board.


2.File a civil action against the company.


Insurance claims
Did anybody else receive their check from Medscribe NJ for the insurance claim typing yet?
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?
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.


There are also traveling claims examiners. (sm)
While I never experienced anything like Kforce, I did experience my share of changes working for several temp agencies that hired medical claims processors that travel. The pay was always on time, they paid for the hotel and the rental car, gave us a weekly "per diem" allowance each week for meals, gas, etc. BUT, some of the people they hired on these assignments would send chills down your spine. You had people using the rental cars to transport drugs, using gas money to buy crack, fighting in the hotels, setting the apartments on fire accidentally, arguing with roommates over who would do the dishes, sexually harassing coworkers on the same assignments, the list is endless. Not only that, but after awhile, as a traveler, you get tired of living out of a suitcase and rushing to catch flights and running through airports like O.J. Simpson in a Hertz rental car commercial. For all of those reasons, I decided to come in off the road and work at home. Also, there was one agency that didn't pay for the hotel or the rental car. The manager told us that sometimes we'd have to "whip out that credit card!" and pay for everything, and they would reimburse us. I didn't do it, and they ended up paying for my hotel and car, but I worked with some coworkers that were owed $10,000 in hotel and car expenses, and were still waiting to be reimbursed because the manager said he had he had the receipts in his suitcase. Some travelers had maxed out their credit cards paying for hotel and car expenses. So, bottom line is, travelers go through a lot, and it's not as glamourous as it sounds (not by a long shot).
All of the above poster's claims are true
Ditto to everything above. AWESOME place to work. Transtech takes me back 10 years, when this profession was respected, valued, and actually enjoyable.


Glad I'm not the only one who saw how ridiculous those claims were. :-) sm
No wonder MT wages are going down.  We have dufuses out there making 2/3 what they were and thinking they are ahead! 
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
The only thing wrong with this is that the claims are false. sm
I have been with KS for 3 years. I am treated fairly. I was also the lead for the person who is named as the person putting in the lawsuit. That person was fired for quality issues and is obviously trying to get even with the company.

Lawsuits can be filed. Filing one or having one out there does not mean that the company is guilty. If that was the case, there would be no reason for a case to be filed; you could basically just send a company a bill for whatever you want.


OK, there is ONE person who claims they make money with VR.

Anyone else??  Hello? 


Thought not.


I think everyone should file a class-action suit

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. 
That's right. Back up your claims with facts, not with lunatic remarks.
Step up to the plate and post in more of a professional manner.  Otherwise, it serves no real purpose.  MTStars was not created for people to come only to post their personal smear campaign.
I am finding them to be great. I have had a few major claims since they changed to them. sm
Everything has been covered. My meds have been covered. My claims have been paid quickly. I paid my deductible and everything else has been covered, totalling over $12,000. I am very happy with Guardian.
We need to CALL THE FACILITIES and let them know what is going on! OR Class Action Lawsuit
...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?
eSkribe claims to be based in Ohio, but is an Indian company
Check out their website at eSkribe.com.
My company claims the offshore work is excellent. In fact, I
xx
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
Full time with Transtech is both. 40 hours per week and 5500 lines per week.
x
Nope .. email on 1/18 promised "within the next week." Here we are, 1 week later and no info.
x
The minimum is 5500 per week, NOT 6600 per week. I think you made a typo. :)
NM
i clear over 800 a week, 40/week; 30+ year experience. (nm)
x
I get my paycheck every week - that is enough for me! Happy MT week everybody! nm
x
I got laid off for MT Week. Happy MT Week to me!
x
Good last week - Slow this week.
I hope this is not an indication of things to come.  I am getting 1,200 lines a day but it is taking me all day to do it.  We seem to be out of work from 9-12 every day this week.  Hope things pick up after Labor Day.
16 hours a week or 8 a week and get
401 K.
Why would anyone work 8 hours a week. The poster above said 16 or 24 hours a week.
:
What do you consider small or big? nm
nm
NOT everyone, some are too small for

]]


Small co
Milner Transcription - Atlanta, Ga
About 50 MTs
If you need one (very small fee)
nm
Yes for a very small fee
.
Yes for a very small fee that is