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File anyway -- were you really an employee? (sm)

Posted By: Purple-Hair MT on 2006-02-06
In Reply to: cannot apply for unemployment. that is for employees. nm - Old MT

So many services classify their MTs as employees when they really aren't.  Look at the IRS site:  did you have control over how you did the work, use your own tools?  Did the client pay you directly or the MTSO?  Did you have input on when you were paid, or did the MTSO say I pay on such-and-such a schedule?  Were you able to subcontract your work to others?  Was the TAT based on the MTSO's convenience or the client's actual demands?

If you can make a good argument that you were actually working more like an employee, your state unemployment office may rule that you were, entitling you to unemployment. If the IRS agrees, the MTSO will have to pay part of your taxes, social security, etc.

The bar association in your state may offer referrals to attorneys who will provide a low-cost initial consultation.

If you need a few dollars in the interim, see if there is a plasma donation center near you.  Where I am, one can pick up $50/week, paid immediately.

Good luck.

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Excuse me but federal taxes are paid as employee by employee
The ONLY difference in IC is you pay the ENTIRE amount of the SS which is the 15.25%, as an employee you only pay 7.75%.  And you can easily make up that difference in deductions.  As an employee you just have someone else manage your withholdings and as an IC you do it yourself.  I have much more usable income being an IC and not an employee and I am strict about putting aside what I need to.  But everyone always says you have to pay your own taxes, well your employer does not PAY them for you -- except 7.75% of SS, they merely withhold it for you.  As an IC you are the employer. 
Rename your normal.dot file to something else then restart Word. It will create a new file.
I think it is the same type of file, so rename it and replace your autocorrect file with your DQS us
Help..I lost my word file. How can I retreive a file that has been changed? sm

I was working on a large file and had saved it in Word. I then went back to work on the file and hit a key that made the page go blank.  When I went to close the document it asked me to save any changes on the document. I answered yes, and now when I click on that document it is all blank! Shouldnt the previous info saved be there, even if the current stuff is not? Please help me!! Thank you

Depends on the file format of the Short Cuts file.
ShortHand comes with a utility file that can import various formats. You can get that file with the trial download of SH.
Depends on the file format of the Short Cuts file.
ShortHand comes with a utility file that can import various formats. You can get that file with the trial download of SH.
...with your user.aco file. Save your autocorrect file to somewhere else. nm
You can save the SH file in a text file and import to IT that way. sm
You may have to do some cleanup in the SH text file, but it sure would be faster than re-entering them all manually.
File taxes under the name on file w Social Security....
Name on W2 doesn't have to match, but your tax return has to match SS records. They don't want your marriage license or anything else. Did that for 13 years as instructed by IRS. Didn't have to change it with SS until state changed rules requiring drivers license to match SS records. Still use my maiden name in some limited circumstances.
You an IC, statutory employee or employee?
That designation, and/or forcing the IRS to designate you, can make a diff. Are you a corporation? Partnership? You need WAY more help than we can give you.
If you are employee, unless suit against your employee
otherwise the posts on here as far as I can see telling it like it is. I think a lot of the posts are so young they just donít have a clue as to what it means to be an employee. You do as your employee wants (I am talking reason now, not stupidity as far as sexual advances, etc) or else you find another company that fits your personality better. You do not confront, you do not tell your employee no, that is their job, not yours. This is such a simple thing for people who have been in the work force for any period of time.
an .exe file is not a voice file
I'm no techie, but it sounds like they might've sent the wrong file by mistake. Or could it be a program you need for testing/working for them that they sent? What is the name of the file (if it is something you can say here)?
IC or Employee?

I read an article on the web regarding how companies are abusing the independent contractor status to keep from paying benefits, WC, social security, etc.  In my situation, I have been with the same company for three years and I do not get shift differential, weekend differential, or overtime.  I work 7 days a week, totally directed by the company, hours set by the company, etc.  If I had been an employee, which I believe I have been all along, I would be owed thousands of dollars in overtime.  Where do YOU fall?  Below is the IRS quick look at where you stand.


An employee
I cant say who but it is an employee.
You are an employee. I am not. Again, you are an employee because SM

you need "employee stuff" but I am not an employee because I don't need employee stuff. I just need work.

Why do *I* have to adhere to a schedule? I don't. And my MTSO loves me to death because I just make her look good.

You need to go to an all-employee company or a company where you are the boss so you can stop this from happening. The MTSO just wants the work out of there. You want it to all be suspended until you sit down to work, and that is just not going to happen, nor should it.

No, FT employee
Looking for another job this very minute. I think this is way over the line.
As an employee ---

If I actually work 40 hours a week, my gross is about $730, which I think is good when I also have all taxes cut (Federal match), PTO, STD, LTD, healthy, dental, vision, internet reimbursement, quarterly and yearly incentives in addition to base pay.  Never run out of work.  Benefits add about 30% more to base pay, so it seems to be a wash with the ICs who have commented.

I left a job recently where I worked 5 hours a day and grossed $750/week with all taxes cut, 2 paid weeks vacation a year, free health insurance.  I left because they were getting interns to work for free and forcing out their higher paid and longer term employees.  Had to use vacation pay when there was not work or not get paid at all.

I like the pay/hours at the former job but I like the current stability that I have now better.

This is the exact reason our company will never use an IC. We utilize employee status transcriptionists
This is what I do. I am an employee
but my company is in FL where they don't have state tax.   I don't need any $$ taken out for federal, but I have extra $$ taken from DH check for state taxes.  2005 was the first full year we did it and this year we are getting back $450 state, when we've paid in the past, plus a penalty for not having enough taxes taken out.   You could also change dependents if appropriate.  
IC vs employee
Can someone explain to me the difference between 8 cpl as an employee and 8 cpl as an IC?  I know you have to pay your own taxes as an IC but what I mean is what does 8 cpl translate into once you pay self-employment tax.  How much less are you making as an IC at 8cpl than if you were an employee at 8 cpl is what I am trying to ask.  Thanks.
IC vs employee
If you are an employee, the employer pays half of the Social Security tax. If you are an IC, you have to pay the full amount yourself. HOWEVER, you can then take a deduction on your taxes for that second half. I haven't figured my taxes yet, so I don't know if it is a deduction or a tax credit (which is better), but at least it does help so you don't end up paying the entire amount. As an employee you also don't have all the deductions that ICs get, so that makes a difference in the bottom line, too.
Are you IC or employee?
If you are an IC, you can take off whenever you want (with appropriate notice of course). If you are employee, do you have vacation/PTO time? Do they not let you use it when you want?
Are you an IC or employee? - nm
Employee (sm)
I work for MedQuist.
anyone go from IC to employee and like it better?
I was offered a job and I'm now weighing the options.  I have always been an IC and have been offered employee status with another company.  The pay is 1/2 cent cheaper than what I make now as an IC.  The hours are still flexible and they do offer good benefits, PTO, vacation, etc... Has anyone gone from IC to employee or tried both and would like to comment? Thanks!
IC or employee

In my 22 year MT career I've found that doing a bit of both works best for me.  Since I'm a single parent I really need the insurance benefits, and with regards to taxes, my accountant told me it's best to keep your W2 job because the taxes you pay there helps to pay your self-employment taxes.  I do 20 hours W2 and the other half IC.





IC to employee...sm please

I would like to hear from any of you that have gone from an IC to an employee, on howyou handled the changes.  I am thinking about giving up my IC position (which is my own account with a hospital) to look for a full time position with a national company. As an employee, do you really have to sit in front of the computer 8 to 12 hours for your shift?  What happens if there is nothing to transcribe?  Do you have to stay put and wait? 

I have only transcribed as a hospital employee (paid by the hour) and then came home for the same hospital as an IC (paid by the minute of dictation) when my youngest had health problems.  I have always had enough work with occasional slow weeks at the same time every year.  I have done some IC work with a few smaller MTSO.  The hospital is going through a lot of changes and I do not feel that my position is stable.  I was offered a position with a national a little over a year ago but raised my rates at the hospital instead.  (Although after I raised my rates, they looked into using a service and found I was way cheaper to use).  But I have recently figured my line counts with this hospital (Never bothered before because I got paid per minute) and figured I only got paid between 8-9 cpl with the same rate on weekends and nights.  I was offered that plus benefits with other companies. 

Should I try to find a good company and adjust to the changes in my schedule?  (sorry so long)

Not An Employee
I'm confused too. I also worked for just one company as an IC before becoming an employee. If I wasn't an IC, I certainly wasn't an employee at the time. I had no benefits, taxes weren't taken out, etc.
Employee vs IC
Hi Guyz,
Could anyone tell me what is difference b/w working as home based employee as compared to IC. As I myself is IC right now, worked for FTP and online based working environment and find no pressure from employer like phone, chat etc. but work. So is employee status is same in that aspect or is it same as working in company where you got fear that your boss is looking at you all the time. thx!
are you an employee or
self-employed contractor? Do you get benefits, vacation pay, do you work from home?
Not That I'm An Employee No
When I was an IC I always worried when I didn't have a lot of work. Now that I'm an employee and know that I'll get paid for 40 hours and know I'll always get the same amount I'm less stressed. On the other hand, I type for 4 doctors and 1 N.P., and at one point I had upwards of 100 reports in the system that had to be finished. It's been a little slower these past few weeks, though.
I could not as an employee.
My tax preparer said that it was because I did not have enough deductions to itemize as an employee.
Are your IC or employee? sm
If you are an IC, you dictate when you invoice and when payment is due. If you are employee, you really have no say in the matter.

8-1/2 cpl as employee = what as IC
I'm just considering the tax ramifications.  They have worthless insurance (reimburses doctors at the rate they get paid by Medicare and you know how doctors don't want to see Medicare patients) so I'm going to get my own insurance and add it to the line count, but not considering PTO, etc. (which they don't have) Their owner (never done MT) pulled out his calculator and said 8.5 as an employee equals 9 as an IC.  That doesn't sound right, does it?
Tax ? for those who are both IC and Employee

I work full-time as an employee, but did some work on the side for my brother-in-law.  I have a 1099 from him.  When I file taxes, do I just file a 1040 with a schedule C-EZ (it was only $1000) for the IC work?  Or do I need to file another form to figure out how much in taxes I need to pay?

Thank you for any help you can give me!


Are you employee or an IC?
While I don't personally think you should have to give them up at all, technically I think if you are an employee, everything you create as an employee may actually belong to the employer. I'd still fight it though, especially if you didn't sign any agreement to that effect.
Are you an IC or an employee? nm
Employee or IC??
If IC - just raise your rates.  If employee are you hourly or cpl?  Talk to him and see what he says. 
Are you an IC or employee

See below for what it says about being an I/C and therefore a "business" just like the MTSO.  I always  pay my IC's before myself and I am lucky that my docs pay so well and fast -- usually 48 hours receipt of invoice but did have some many years ago where they did not and it is hard to keep everything balanced.  Many times if the general contractor does not get paid neither do the subs on a house construction.

This was IC. Even if employee, though,-sm
it still seems strange to ask for a full-body photo. Why not just a copy of state ID or something if it is merely for ID purposes? Since it was apparently an IC position, however, I don't get the reasoning behind it. If employee, yes, I could see them wanting to be sure it was a separate room or perhaps see what equipment the person already had. Even so, it seems odd, IMO.

As an MTSO who hires ICs, I can't think of one good reason to ask for a full-body photo, or even a picture of the home office, for that matter. I have the IC sign a HIPAA form, and it's up to the IC from that point on to ensure that HIPAA requirements are met. That is good enough for me, and it's been good enough for all of my clients, as well. I've certainly never had any physician ask for pictures of my home office. To each his/her own, I guess, but I'd be taken aback by the request, too.
IC to Employee
I switched from IC to employee status a year ago. I'm actually making more money now and have great benefits and I don't have to work holidays or weekends. I do work 40 hours a week, but I work 6 hours during the day and the last 2 at night.
I am willing to put an employee job

Just as we are expected to use Google in our work, a prospective employer can google that is how I feel. 

I do not, however, put full names of my personal accounts.  I simply list the specialty, city and state.  I do not want someone targeting my clients to offer a lower rate or soliciting them to try and take my clients.  I would be careful especially if you are an IC.  Call me paranoid, but I think there could be companies out there just trying to get names of clients so they can contact them for themselves to gain work.

Well then EMPLOYEE it is....
If they don't want me to work whenever I want to work, then they'll employee me and pay me benefits with paid time off.    Ahhh, I love being an IC.  I laugh all of the way to the bank.
I do believe that would be employee not IC.
An IC should not have to commit to 500 lines.  So, you're telling me that on the flip side, you always have 500 lines for that IC?  Also, the hours being set between 9 a and 5 p is CONTROL!!!!!!!!!!!!!!!!  That's fraud and you should be paying your employee's taxes.
No, she said she is an employee of
the company in her original post.
That is an EMPLOYEE not IC
It does not matter what your contract says one way or the other. If you are on a shift and have to call off like an employee, then you are an employee. To me, shift work = employee and it turns out the IRS generally agrees with that consensus. No one at the company I contract for has ever asked me what hours I work. I stick to the daily production level that I set for myself. That is it. My hours are only the same because it works for me. Control is key here.
$40,000 as an employee
working at a clinic for 4 doctors and one nurse practitioner. I also get yearly raises so the potential to make more.
IC vs. employee

The only thing I'd worry about if switching from employee to IC is the health insurance.  I have a lot of medical concerns and would probably end up paying a huge amount for insurance; that is, if they would even cover me with my pre-existing conditions.  At least as an employee, I'm covered for everything medical. 

IC vs Employee

excerpt below from FedEx lawsuit regarding IC vs Employee:

2. What is the legal difference between employees and independent contractors?
There are state and federal laws that address the issue of whether you are an independent contractor or employee. While the legal standards vary, generally, courts determine if a person is an employee or an independent contractor by asking certain key questions:

a) Is the manner of performing the work determined by the company or the driver? (if company = employee)
b) Are the services provided by the driver part of the regular business of the company? (Yes = employee)
c) Does the company have the right to fire the driver? (Yes = employee)
d) Does the driver provide services for different companies or just one? (if only one = employee)
e) How long does the driver work for one company and only one company? (if extended time = employee)
f) Can the drivers make a profit or suffer a loss based on the way they manage the route? (No=employee)
g) Does the company reserve the right to exercise control over how the work is done? (Yes = employee)

The actual conduct of the parties, not the labels used, determines

May I ask if you are an employee? I was under the
impression that you couldn't take deductions for these kinds of things if you were. If I'm wrong, please let me know.
Are you an IC or employee? If

you are an IC I would read your contract and see what it says about stats.  You are not only acting as an MT, but also an account manager and you should bill for that and bill a bit extra for stats that fall outside of your normal work day.

If an employee I would discuss the situation with them, state that you are no longer able to handle stats outside of your normally scheduled shift and clarify your job description/title.  It sounds like any time you aren't transcribing you aren't making money, so you either need some responsibilities taken off of you or your pay needs to be negotiated. 

I don't know how often you have to contact the account or they contact you.  If it is only occasionally, at most twice a week, and it is only answering questions and not having to hunt down reports, do reprints, etc. I wouldn't think that was a major deal and might just grin and bear it, but having to deal with stats 24/7 is definitely out of the question.  If the account was your personal account, you might be expected to cover stats 24/7, but it is totally unreasonable otherwise IMO.