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I hope you sued in small claims court! -(nm)

Posted By: Topaz on 2009-04-13
In Reply to: Companies who don't pay - Running on MT

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Take her to small claims court. Good luck!
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.
Hope you don't get sued! LOL
While I can empathize with your desire to draw attention to what you feel is an outrage, your actions are probably poorly supported legally - if at all.

If I were that company, I would take you to the cleaners over it.

I don't believe for one minute your little signs have caused what you state they have. It's not enough to make insurance companies withdraw lucrative contracts. LOL

Good story line, though.

I am filing a small claims action this week.

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. 

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)
Who sued you?
Details please - who sued, what did they sue for (cause) and what kind of damages? it seems a little questionable that an MTSO that owed you money successfully sued *you* - without your being able to counter sue, or sue the MTSO right back...

to "you can be sued"
Get real, get a life.
My husband was sued for this
by a previous employer (not transcription) after he quit his job and took a job with a competing company with better bennys and $. It was a route/delivery type job.  He did sign a non-compete contract, but the judge denied their suite saying the company does not have a right to prevent a person for making a living. It was determined he was working an already established route and was not approaching the first company's clients, and therefore was not in violation. Of course every contract is different, but I can't imagine they can keep you from working.
Might be for same reason the MQ people sued -
Line counts!!!!!!!!   Do you ever verify yours against another program?  What  about the reports typed but not credited for. 
I heard ex-SPi emps sued SPi and won

I heard that ex-employee(s) has/have sued SPi in the past and won.  Does anyone know anything about this and/or where I can get more info and the full details?


WHO is being sued for posting on the board?
Seriously is someone being sued for their post?

If so, what is the charge?

On the face of it, this seems outrageous - would appreciate any details you can share.

How are you privy to know amount she was sued for?
I might be wrong, and I keep up with these posts and never saw before the $$$ amount GP was sued for. Very interesting- sounds almost like she could have written this.
Insurance claims
Did anybody else receive their check from Medscribe NJ for the insurance claim typing yet?
Exactly. That also goes for good and bad comments. Employers can be sued.
Employees can also be sued. Bad taste though and we do not need that type of thing. We have had enough of it on these boards.
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! 


gosh -- it's been over a decade since I've heard of anyone being sued ....
I could understand if they wanted to fire people who they felt were bad actors or had bad atttitudes, but I've never understood how/why they'd sue individuals for expressing their opinion -- unless they could prove that there was deliberate misrepresentation going on --- and I personally cannot imagine why anyone would try to make any MT company look artificially worse -- so many have such real problems -- like overstaffing, crappy platforms, lousy supervisors, crazy-making QA departments -- endlessly -- and so on

I remember when I first started with a national years ago (not TT) and discovering that they had sued MTs for posting over at MT Daily -- I couldn't imagine why they'd bother. Even then there was more competition for really good workers (who might chose to work elsewhere based on some internet postings) than there seems to be these days ...

What a waste! Better they all clean up their practices and spend the money doing some employee satisfaction polling ...
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.

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.
Gourdpainter - Aren't you the MT being sued by MTSO for slander/standing up? Yeah I need that.
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
course not, no $, no pay. But if it goes to court......nm
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?
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.


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.
could lawyers have gotten a court release? NM
Other than through a court order!!!! Never said the info was NEVER given out at all! nm
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
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.


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
sign a release saying she wouldn't take Transcend to court ?
What is that all about?  Is that true? Why?
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?


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.


Well, call a lawyer then. A good one. You could even get court costs paid by your employer probabl
What do you consider small or big? nm
NOT everyone, some are too small for