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I would think it is perfectly legal if it sm

Posted By: long time MTr on 2009-05-12
In Reply to: Can they do this? - kris

is some kind of training you MUST learn in order to IC for the company. Don't see why it wouldn't be legal. I guess they can say that they no longer utilize ICs who haven't had this training.


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It is perfectly legal. You need to be FT to get benefits. You need 12000 lines to be full time. I
period so there is no issue. Why do some people here try to make everything ugly?

What the person did NOT say is that it is averaged by quarter. So if you do 12,000 lines one time, 15,000 the next and 10,000 the following, it will balance out. They also do not count it against you if your account is slow.
Legal or not legal overtime question.
My friend works for an MTSO who assigns dictators.  You are supposed to keep up with your assigned dictator whatever that takes.  She is overloaded and working 50-60 hours a week.  She is an employee.  They say they do not pay overtime and do not have to pay overtime but she is expected to get those dictators current and keep them current.  I say because she is an employee the federal law of a 40-hour work week and overtime apply.  She has asked everyone from her team lead to the HR person and they say they do not pay overtime.  I say that is not even legal if she is in fact an employee.  What is correct? 
You said it perfectly!!!!!
There is nothing I can add except that I used to love medical transcription.  I wish it was like the old days.
THANK YOU.. PERFECTLY WORDED

STYLE ISSUE... That is what I was trying to say, but couldn't find the words!!!


 


Wasn't that company, but a large national and a newer QA person. 


You explained that perfectly! sm
Bingo! This job is very isolating and most of the jobs are found via Internet, so there is no personal (face to face) contact. This board helps network other MTs. Sorry that some people don't seem to understand.
Amphion would fit you perfectly. nm
nm
It works perfectly well.
xxx
I am perfectly satisifed there. I like it quiet. nm
xxxxxxxx
Oh, I understood your point perfectly.
Your statement was why call it a holiday if you don't get paid. To which, and I say again, it's a holiday whether YOU get paid or not, something you should have made a note of when you were hired.

And, BTW, individual beliefs and holidays and pay - and our attitudes to such - are all related to our human existence, existentially speaking.
Bravo! You stated that perfectly! $50K for me, too!
Then AHDI can call me and maybe we'll talk.
Oh. I use my own expander ShortHand and it works perfectly.
No problem getting my 275 to 300+ lines an hour either.
No, wrong again, it is in modern times perfectly acceptable to
start a sentence with 'But' and even with 'And,' especially when putting emphasis on a statement.
Would you please be so generous as to send your company gift to me since you are perfectly satisfied

with our job paying us for NO holidays, use PTO earned for sick, holiday pay, and everything else that may come at us in life!  You better believe those inhouse clerks, etc./sups, leads, execs and on and on get their GIFT and a hefty one at that.  Why are we at-home supposed to be satisfied with nothing, but a low-paying job, low work most of the time, requests from company to flex and flex for THEM, but no flexing when the MT needs off.


Yes, I am thankful for a job, and that is exactly what it is . . . . a job (almost).  That is if you consider NO paid HOLIDAYS like all other types of companies give.  Yes, these are hard times, but these hard times are hitting the MT harder and harder each and every year!  It does not affect the office support staff, etc., etc., etc.  They are paid for holidays and whether there is work for the MT or not.  We are piecemeal workers only (similar to sweat shop workers).  Yes, I am thankful that I have a paycheck coming home, BUT I have to WORK VERY HARD for every penny that comes home to me in the form of a paycheck -- without any paid breaks or holidays.  The office staff are the lucky ones -- everything paid for them!


From the MTSO's side, try to realize how difficult it is to maintain a perfectly even flow of--

work for everybody. You might say you want ONLY XX minutes a day but what happens if a doc decides to get caught on his backlog? Or another MT wants off for the day because her daughter has a fever? Or another MT just has to take off a few hours to run her dad to the doctor's office? And then another account realizes it's almost the end of the month and they need to get all their reports in? Or if there is a chlorine spill at the edge of town and the ER account gets swamped? It is impossible as an MTSO to keep the work at an even keel. If you hire people just for overflow, then some days it's too slow. So your overflow person quits. Or it gets slow because it's February and everyone is avoiding deductibles and your MT's are b****ing about not enough work. Then August hits and work comp pours in along with weekend warriors, then the MT's are screaming that they are overloaded. There has to be a certain amount of flexibility in the MT's end or it just won't work. MT work is like LIFE, it comes at you in waves.


That is not legal to do that. NM
:
what is legal
Contact the IRS if they want a "set in stone" schedule. If you have to give them one you are definitely an employee by IRS guidelines and they can be sued. I think you can go to IRS.gov or something on the Internet and find out about this.
This is not legal....
They can only get away with it if the employees allow that to happen. You can contact your local wage and hour division of the US Dept. of Labor for info
Legal?
Yep. The federal government made it perfectly legal for companies to sell off America thousands of jobs at a time with the WTO and NAFTA. Sweet, huh? And the companies doing it for the most part try to be hush-hush about all of it because they know how people would react. It happens more than you know.
Everything was legal
If you had read older posts - I drew the difference in what I made as an IC and what my weekly unemployment pay was - i applied for jobs every week - both online and offline. There's no scheme to it - it's just what it is. KS was only upset because they didn't know the laws in my state and they got caught in the way they handled things.
No, it's not legal
You wrote: I just don't think it's right to ask me to find a new profession for the next 12 months. Apparently it's legal, but that doesn't make it right.

I think what attorney #2 is trying to say to you is that it is NOT legal... that they cannot stretch the definition of a noncompete clause that far...


Because they CAN. It is legal. They want to see
x
Is it even legal
for them to tell you you cannot work for another company? Frankly, it is none of their business what you do in your time you are not working for them.
this is not legal

According to the IRS, whether you work as an IC or an employee, you have to be paid what is agreed upon.  As an IC, you have to be paid upon a mutually-agreeable rate and as an employee (depending on the stste) they have to give you written notice of the pay change with at least 5-7 business days but, they can then change the pay.


File a claim with the employment agency in the company's state and that will fix it.


Is this legal? sm
My understanding is that employer provides necessary equipment for employee.  Not so for IC, who provides his/her own equipment.  But to charge an employee to use equipment to do the work of the company?
I do not think it is legal
for any company to tell you you cannot work for another company in your off-hours, provided, of course, that you do not use the original company's equipment to do so. Why are you working for such low pay? There are plenty of companies out there that will pay well if you're good.
Legal?
I don't see a problem legal-wise.  Is it ethical?  No.
????? Legal has nothing to do with this
board. You can start just about any thread you want on here, within reason. Do you care to name the company so others will know??
There is nothing legal to do with this. While
it is ridiculous, if she agreed to it not much to be done. Companies can offer any rate of compensation, it is up to the individual to accept or decline.
is this legal?

when i pull up patient demographics i can see that person's (along with everyone who has been to that hospital) social security number....so if i were a criminal i have the name, the date of birth, the ssn, alot of information about them in the report and a feild day with indentity theft.....surely this cannot be legal???? any thoughts?


Is this legal transcription?
If so, I answered their ad on MT jobs. They stated they would provide info on cpl upon receipt of a "viable" resume. Well, I sent my resume, got a lot of Word docs in return, but no mention of cpl. However, I did read in their material where they pay you after they get paid. Frankly, I just won't take that chance. I'm not working for a month before I get paid. It also sounded like they want you to work full time and be at their beck and call ("flexible" as they call it). Just didn't pass the smell test, IMO. More info on the work at home mom boards.
I don't think this is legal. Check it out.
x
Legal Transcription
I am a MT who may want to cross over to legal trans because of the BS...anybody know any good companies to try???
is this legal/legit?

I love the company I work for.  I love the people, love the work.  Only one complaint:  They deduct $12.50 out of each paycheck for a total of $25. each month for rental of their software.  They said they were told they had to do that if we were IC's.  We use our own computers, or rent theirs, so why should we pay to use a version of Word? I have never had anyone else do this in 15 years.  Also, they want to charge a fee to do direct deposit.  I've never seen that charged for either.  Is this Kosher or should I say something?  If so, what?


No, it is *NOT* legal for one person to tell another
that they can't earn a living for a year. Here's what I would do. I would sign the noncompete agreement; however, I would cross off the part about not working for 12 months for a competitor and make a notation that your attorney has advised that this part of their contract is illegal and unenforceable. Send it back to them and see what they have to say about it. They also can't withhold severance pay for refusing to sign a contract AFTER the fact of being hired and laid off. They're opening themselves up to a lawsuit, if you ask me.
Probably legal but not ethical. nm
nm
Without your permission it is not legal.
NM
Mandatory OT? Is that even legal?
x
The recipient probably ignored the legal - sm
disclaimer contained in the email she received the letter under.  Oh, yes, a company would want her working for them in a heartbeat - LOL.  Follows directions, check - oops, not.  Adheres to confidentiality rules, check, oops not.  You're absolutely right though, it is HER letter, but HER letter that most likely came with a confidentiality disclaimer.
Is this legal, for employee to be. SM
charged a fee to use company equipment to do company work?  I know IC must provide his/her own equipment, but I do remember reading that employer must provide tools of work for EMPLOYEE.
Probably just want to make sure your legal
I have had companies request this of me to verify I am a US citizen.  Probably nothing to worry about.
Legal Question

Does anyone know as an MTSO if we have to retain the medical records for a former client that no longer does business with us?


Thanks


Don't know the legal aspects, but why
would you want to keep records of someone who no longer contracts your services? They have the records there. The only thing I could see is if you have to keep them for a certain time period in case the client loses them.
Well, that info is legal....
Nice huh? 
I'm not saying it isn't legal to request it

I'm just saying it seems a bid inconsiderate.  She isn't a new employee and she isn't an employee.  She is an IC who has been working for them and obviously has handled their accounts for a while now.  If she was a brand-spanking new MT to the company and clients, the request wouldn't seem so unreasonable. 


If it is a new platform that they're rolling out, wouldn't it be more considerate to train the ICs online rather than expect them to travel for training at their expense?  If she was an employee, the company would have to pay the expenses, but it seems they're just taking advantage of the fact that she is an IC. 


It is not legal to withhold pay for

not giving 2 weeks notice. 


That's not legal, to require you to
work when there's no work and no pay. If they require you to sit there at your computer for them, then they have to pay you. They can't MAKE you do it for FREE. I wish these companies would get busted for all the stuff they put us through.
Just wonder about legal issues. sm
When there is a lawsuit against a doctor or if a patient takes a case to court for some reason, will there be enough detail in the reports for a courtroom if a doc is using templates?  I see problems in the future......
Did you see the job for medical/legal....sm
transcription for $1.10 per page?  I cannot believe it!  In 1974 I made $0.95 a page as a newbie.
No this is NOT legal! If you report them to the IRS...sm
and they are investigated they will be penalized severely. I am looking for an IC position just for the flexibility. If they dictate my hours I might as well be an employee and receive all the benefits that entails including payroll taxes and unemployment. I already have two companies on my IRS list.
What they are doing is legal and normal...
What they are doing is pretty typical, and legal. FMLA allows up to 12 weeks per year, BUT that is with a doctor's note. For the birth of a child, 6 weeks is typical. Most OB/GYN's approve you being off for 6 weeks for a normal delivery and provide a letter to you stating that.

Personally, I think even 12 weeks is far too soon to return to work, but that is just my opinion.
I've seen their ads for MTs and legal transcription
However, I'm pretty sure this is the same joint that is selling a $25 MT "course" on ebay. Sorry, but I find that to be just a bit sleazy and would not work for someone engaging in that sort of business.