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Serving Over 20,000 US Medical Transcriptionists

I saw this tried in a court

Posted By: anon on 2007-09-14
In Reply to: No-Compete Clause - MT In A Panic

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?


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course not, no $, no pay. But if it goes to court......nm
n/m
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.
could lawyers have gotten a court release? NM
x
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
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?


 


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