Home     Contact Us    
Main Board Job Seeker's Board Job Wanted Board Resume Bank Company Board Word Help Medquist New MTs Classifieds Offshore Concerns VR/Speech Recognition Tech Help Coding/Medical Billing
Gab Board Politics Comedy Stop Health Issues

Serving Over 20,000 US Medical Transcriptionists

No, it's not legal

Posted By: Me on 2007-09-13
In Reply to: Multiple Requests - MT In A Panic

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...

Complete Discussion Below: marks the location of current message within thread

The messages you are viewing are archived/old.
To view latest messages and participate in discussions, select the boards given in left menu

Other related messages found in our database

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? 
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
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.
Because they CAN. It is legal. They want to see
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.
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.
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
Without your permission it is not legal.
Mandatory OT? Is that even legal?
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?


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 would think it is perfectly legal if it sm
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.
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.

So is there a service that specializes in legal?
Tell us more.
I subcontract legal by the page. I get $1.30, sm

but these pages are double-spaced lines in a Courier 12 pt font with only 25 lines on a page.  If the speaker says, Umm... and then the next guy starts talking, then the umm is a complete line.  I send the transcript back to a reporting company and they do all the running with it (multiple copies to attorneys, the court, etc.), plus a 3.5 floppy disk (government account) and ship it all out FedEx.  So, they're probably charging the client at least 3 times my rate. 

By the page is industry standard for legal.  Medical standard is by the line or by the minute.  For medical, I definitely prefer line rate, especially chart notes that get scrunched to fit onto sticky paper.   

Is it legal if there are production incentives?
does anyone have legal friends to help get us started?
Is check processing fee legal
We were just informed by our company that, if we do not wish direct deposit, we must pay $25 per paycheck as a processing fee.  Is this legal?
Not legal, more conflict of interest.... nm
Legal or illegal Mexicans? Although from your...sm
prior posts it seems to me you don't give a care either way. That, along with your carefree attitude about foreign entities make me feel certain that you are one of millions of people who are gladly giving away, piece by piece, our nation. That just utterly sickens me, but oh well, you got your pool fixed and your house sold so what do you care, right?
Legal options when shorted on pay?
I am an employee of an MT company and was not paid according to what I was told I would be paid. I am wondering if anyone can tell me what legal options I have. Thanks for any help.
on this board.  Are you up to it?  But who do you REALLY think is going to come out ahead?   
LEGAL citizens are one thing s/m
ILLEGAL is quite another.  LEGAL Latinos I personally know are as much against the illegals demonstrations and demands as I am.  If ANYONE is in this country illegally they have no rights.  Can you imagine Americans going to a foreign country and flying the AMERICAN flag and demanding the same rights as their legal citizens??? 
Legal-eyed Jane --

So how do we go about reporting these companies?  I think we should be able to forward the link advertising these IC positions with set hours to the IRS for investigation.  That would certainly make some of these companies think twice.  Also, any job offer from these companies wanting IC with specific hours should be put in writing/email to be forwarded to the IRS. 

This is bull and it's time we MTs stand up for ourselves.

No, doesn't sound legal. Someone erred...
...on their part, and they should fix it. You might want to check with your State and see what statutes you can dig up to shake their tree if they don't realize their mistake and fix this. Very odd. Best of luck!
Do they still do general, medical, and legal tranny? Thx. nm