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If you're not willing to list your clients, then you shouldn't have a noncompete clause in you

Posted By: Tinks on 2006-11-04
In Reply to: This is interesting (non-compete clauses) - anon

contract, IMO. 


I worked for a local service at one point.  They through a huge account at me that required at least three FT MTs to type and then began to breath down my neck about TAT, blamed me because the client was unhappy and complaining.  I contacted the client directly and spoke with her about their complaints.  I basically told her that I was the only MT typing for their very large clinic.  She hadn't realized that.  Long story short, I told her that I had two other MTs, colleagues of mine and that we would be willing to take on her clinic and promise 24 to 48 hour TAT.


I don't know if the line rate I offered her was above or below what she was paying to the service, but she was willing to accept what I had to offer because the doctors were so unhappy.  Do I feel guilty about what I did?  Heck no!  Someone posted the other day that business is business and that we shouldn't be so emotionally vested in our employer.  They are not going to be looking out for me.  I have to look out for me.  Well I agree withat, business is business and the service was blaming me for their mishandling of that account, threatening to withhold my paycheck because of it and actually did withhold my last paycheck when I resigned.


Some of you, especially MTSOs, will say what I did was unethical.  This is a competitive business and if you can't take the heat, get out of the kitchen.  I refuse to work for services anymore, but if I did, I would flat out refuse to sign any contract with a noncompete clause.  I also think that if you are an IC for a service, the service should be required to sign a contract listing the IC terms and conditions.  It's only fair.


Just my opinion on the whole contract thing.




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I was told by insider noncompete just applies to you not going after their clients. Does not apply
:P
shouldn't that be you're welcome?
,
You're absolutely right. I shouldn't have said it that way. -nm
x
No magazine. It's from me. You're first on the prayer list though!
:)
Non-compete clause
This goes on all the time but I must say that it IS stealing! Shame, shame on you!
Non-Compete Clause
Length of time?  Depends on the verbiage and the company you work for - some want you to wait 6 months, others a year before you approach their accounts.  They are designed to pretty such save MT companies from people stealing their accounts, wreaking havoc.  If you don't plan on stealing work, don't worry about signing it.  Think about it - you might not like the hospital, quit the job, change companies - so would you really WANT TO STEAL THAT WORK??  I didn't think so!  LOL!  There isn't much an individual MT can do to "steal" an entire account anyway.  If a hospital or doc changes, it's because they don't like the company you are working for.  After being in this field for 15 years, I have never seen anyone prosecuted for theft or anything involving the no-compete agreement.  Basically, this is nothing to worry about...unless you have a hidden agenda.
usually you can fight or there is a clause for emergency sm
situations that you can go to the nearest hospital for emergency and i would say it was emergency or you wouldn't have went to the ER. fight it; you pay the benefits, you should get some help.
noncompete
An MTSO has done the leg work to obtain her accounts, set up her business with equipment and staffing to cover those jobs 24/7. You don't need to know who her clients are. Your position is to transcribe the work sent to you. I believe it is fine to promote any new business you wish to start and compete in a professional manner by calling offices, scheduling appointments to discuss your own fees and what you have to offer, staffing that work, etc. I think what you describe is completely unprofessional. If you have a problem you take it up with the person you contracted with. I think it is just as outrageous and unprofessional that the physician's office discussed this with you as you are not who they contracted with.
You never signed a noncompete, right?
Besides that, I have it from two attorneys and the State Department of Labor that noncompete agreements aren't legal in many states.  TAKE the ACCOUNT and RUN!!!!  This woman has said that you can have them, she doesn't want them.  They do want you.  You don't owe her any loyalty, especially if she's running her business into the ground.  YOU need to look out for YOURSELF.  That's what I'm doing today is making a list of every potential transcription client in my city and soliciting them by phone with follow-up letter.
noncompete contracts
I emailed you back.
noncompete contracts

Yes the papers have been served. Seeking legal advice soon.  I don't really fear anything as I know we have done nothing wrong. It's just maddening that this person doesn't have anything better to do than to make other people miserable. She doesn't want to make her own money, she tries so hard to take other people's money. I swear, she works harder at trying NOT to work than she would actually have to work if she would just get a job! Get a job lady!


Noncompete contracts
Has anyone ever been sued for breaching a noncompete contract? Do you know what legal steps are involved? How do these things usually turn out? FYI: The contract was never actually breached.....but this former employer BELIEVES it has been and is suing several of her former employees. She owes one of us money (over $3,000.00) for back transcription. We HAD to quit...she wouldn't pay any of us. But the contract was not breached by any of us (probably by her - dirty hands clause - shady business practices, etc.) Any info would be greatly appreciated!
Another thought . . . get the pre-existing clause in writing from your employer --

Not from the insurance company itself, because the insurance company may tell you something different from what the agreed-to clause between them and your employer says.


Insurance company interprets pre-existing condition in a different way than your employed agreed to in their contract with the insurance company. 


Again, get it in writing from your new employer -- that is what counts -- not what the insurance may interpret as preexisting.  There is a contract between employer and insurance company, and that wording needs to be clarified by HR person handling the insurance benefits.


just make sure that the client did not sign a noncompete
and if they didn't and you didn't, then sorry folks, but it's fair game! There are many, many unethical and illegal (in some cases and in some companies) things going on in the transcription industry.
I agree. Doesn't your contract have a clause to preclude you from taking the nephrologist's wo
My subs have clauses in their contracts stating they cannot solicit any of my clients (or otherwise work for them except through me) during their working relationship with me or for a year afterward. If one of my subs did what you're considering, I would be on the phone to my attorney immediately.
medical abbreviation list and medical drug list
Hi,

Anyone there who could help me out finding the latest abbreviations list.
I even want the latest drug list because my current program does not have many drugs.

So if anyone could suggest anything which is available online for informationd quick look purposes.

any help for medical abbreviation list and medical drug list would be very helpful.

Then you shouldn't ben an SE or an IC. We all....
have to make the choices and or sacrifices that provide us with what we need.  You may need to find a job that provides benefits, as opposed to living on the edge regarding medical care.  If that means you work a rigid schedule because you're an employee, giving up the flexibility of being an IC may be necessary.  I did the same thing myself.  Canadian health care stinks.
They shouldn't be able to do that.

We used to rent and went through that.  I've worked as a housekeeper before, so I'm anal about cleaning.  Security deposits are for damages only, usually not for routine cleaning.  We had landlords try to charge us for many reasons, but there are Landlord/Tenant laws in each state.  In my state, the landlord has to notify us that the unit is not clean enough and give us time to clean it up before they can withhold from the security deposit.  If they don't notify you, your deposit is fully due to you.  They also have to give you an itemized list of specific charges, not just general cleaning.  I always took pictures before and after, too, just to prove that we left everywhere clean.


We had one altercation with a landlord in a basement apartment we lived in.  The foundation was cracked and leaking, and the ancient threadbare 1950s carpet got stained with water, moldy, and mildewy, so we tore it out and replaced it with remnants.  He tried to charge me for recarpeting the entire basement apartment.  I took pictures, though, and threatened him with a lawsuit of my own for providing substandard living quarters, failing to make repairs, and withholding my security deposit.  He tried to bully me by telling me that he had never lost a case, so I turned him in to the county.


Go to Google and type in your state name with "Landlord Tenant laws" and "security deposit" to see what it says.  Then call an attorney for a free consultation.  Send a demand letter for the funds owed to you.


Maybe I shouldn't say this but
Uninstall it and reinstall again, see what happens.
shouldn't have said it was better lol
I keep getting all lines are busy please try again later or We are sorry all circuits are busy now please hang up and try again 312506.
And I thought monday was over,,,,,,my bad!!!
Shouldn't we use ml instead of cc?
nm
He shouldn't try to think.
nm
No, you shouldn't do that. sm
I have always read NO, do not run 2 antivirus programs at once. I run Spybot and Ad-Aware along with my main antivirus (I use Avast), but you should not run 2 main antivirus (such as Avast or AVG) programs together. I don't know what PC Tools does so I don't know specifically if that is okay to run with AVG, but I would advise checking with AVG before you do anything.

I find that using something like AVG and running periodic Spybot Search & Destroy and Ad-Aware scans, plus using the immunize tool in Spybot, works well and keeps my PC free of pests (along with firewall, of course).

Just my opinion, but a lot of the "do-it-all" programs end up slowing down your computer with extra features you may not even need or want. Half the stuff they bundle isn't even necessary since many browers and ISPs bundle the same functions in their software. Therefore, you might be wasting memory resources on something you already have adequate protection for with your browser/ISP. You can compare it to medicine designed for cough, congestion, and allergy - if you only have the cough, you really don't need the congestion and allergy medicines so why buy the multi-formula med and subject your body to it unnecessarily when you could just get the cough med and be well?
shouldn't have to
you can program any key to anything you like.
and shouldn't that be...
MIIIIIIINE?

Hehehe. I'm in a mood today.
What I wanted to do but never did (and probably shouldn't)
I always wanted to tape record about 20 minutes of the yapping and then play it back right outside when the neighbor had a window open, preferably in the middle of the night!
I probably shouldn't bite, but (sm)
Almost $30,000 (including July SE bonus).

Medquist.

Shift differential.

Incentive bonus (over 17,000 lines/pp) met 50% of pay periods.

Quarterly bonus for SEs (at least $500 per quarter).

Work 40 hours per week, sometimes more if I work an occasional weekend.

Two kids at home, over 17, but neither drive (boo me).

No husband or boyfriend.

I have as much of a life as I want.


shouldn't you ask your employer

Shouldn't an employer pay

Not doing that is what has made the world go upside down right now.


If I am paid 7/cents a line and my cost of living is based on 12/cents a line plus


benefits, it's almost impossible to keep working for that company who is paying


7/cents a line.


It's pretty simple.


America still demands that we live an "American life style - no sh^t in the rivers, building codes, codes on how many people can live in a dwelling, high insurance rates, etc etc"


well, paying all that and making what a company is paying a peoples who don/'t have those demands is insane.


It's a simple question to our leaders?


Do you want us to live like the third world country? or do you want to give us ability to make salaries to pay for the LIFE STYLE America is demanding we do.


Frankly I'm sick and tired of paying for free loaders of any color.  When I saw Laurie Duh (don't know how to spell her name) on Fox yesterday report that one of the homeless from New Orleans........went out and bought a LOUIS VUITTON PURSE


with the $2000 she got..........I STARTED SCREAMING and if I could have gotten my hands around the neck of the idiot who thought it was a good idea to give these people the money in the first place I would have strangled him.........and then I would have done the same to the woman who bought the purse.


I'm sitting here in pain from a bad tooth and no insurance.........and she bought a purse.........LOUIS VUITTON.


p.s. Billfolds in Louis Vuitton start at around $600 and the purses are around $1500 to $5,000.


 


You shouldn't be surprised
Anybody can get a husband.  You are a perfect example of that.  I'm not going to settle for just anybody like you did.  Just in case you couldn't tell, I have standards.
You shouldn't be ashamed..

So what if it's not the South of France.  As long as you had a good time and enjoyed yourself, that's what it's all about! 


I have done a lot of traveling, and I can tell you the best vacation that goes down in my memory book is going to Sanibel Island, Florida - surf fishing, catching fish - swimming in the ocean - and kicking back wtih my honey with a Mai Tai.  We sent out to dinner at lot at some really nice restaurants there, but the best was steaks on the grill the resort had available there and a great bottle of vino.


I hope you get to Myrtle Beach again and enjoy yourself. 


(High Five To Ya') 


But they shouldn't be able to make a law on it.
I find it ridiculous! This is just my opinion though, and not going against any of the others.

Unless they are going to make a law that is has to affordable for people that is!
Shouldn't matter.....sm
Your macro will open the original template each time. If you need changes to it, make the changes and save it as a different template and link your macro to it. I'm not a macro expert, but I've made a few and it really isn't hard. There's info in Word's help files.
You really shouldn't assume anything
about people you don't know. I am not overweight at all. I eat well and exercise regularly, but I don't condemn other people for eating what they like. It's very rude of you to call me overweight. You don't even know me.
Hey, I never said that an MT shouldn't send anything to QA at all. SM
I am a big believer in QA being utilized as one of the many resources available to MTs to help them do their jobs, but QA should be the LAST resource after exhausting all other resources.
You shouldn't have to. Maybe 5 years from now you will need
a Vista computer, but too many people have XP now for anyone to consider upgrading to something that won't work with XP. 
It shouldn't be necessary to do it once a week but sm

It's a good idea to do it every couple of months or so. It helps your computer to run faster and more efficiently.


Before I run defrag, I usually glance through my files and delete anything that is outdated or no longer necessary. I open my browser and delete history, files, and cookies. I empty the Deleted Items folder in my email. And I go to Add/Remove Programs and review all the programs I have installed and see if there are any I'm not using any more. 


You shouldn't have to buy it to work! If so, don't
s
When you have to pay money out that you shouldn’t , then
that is ok with you as in the section 8 house I never owned nor got money from? It apparently is my business when I am charged on MY taxes, it apparently is my business when others claim children on their taxes that are living with me and I AM taking care of, not them and yes it is my business when I have to keep dead beats on welfare, that is also my money that goes towards them. I consider this closed as is other's minds.
shouldn't be hard at all
I think it is very user friendly. The demo screen is easy to get through, finds the patient/visit you need. Where i work, you can only use autocorrect - no other Expander program is what I was told - but I adjusted and have added my own shortcuts like crazy. My previous job - 3 months ago - was using WordPerfect/PRD mostly, with some MSWord/Speetype - so I don't know much about other platforms but I-Type was very easy to learn. Good Luck.
No it shouldn't have taken so long but, unfortunately,
xx
If you an use your own computer, shouldn't matter
laptop or desktop.  I've been using a laptop for 4+ years. 
Shouldn't this be on the Style Board?
kidding - no offence meant to moderator
You shouldn't be so quick to judge.
Those of us who haven't got as high a pedestal as you have made mistakes in our lives. It is not the child's fault we made a bad decision. Single mothers have it really rough and I should know.

The above poster did not make it sound like it had anything to do with her being a single mother.

I am married now but, at times, have been the "breadwinner" if you will, for my family. Would that make it sound better?

I don't want to be treated any better than anyone else, but I have had to do a lot of things.

The recruiter made a mistake. She should have never put the offer out there if she wasn't completely sure.
Then you shouldn't waste the time sm

going on the cruise if you are going to have to worry about work even if it takes you no time at all to get it done.  When you have an opportunity for rest and relaxation you need to take it.   It will be more trouble having to worry with the work on vacation.   I agree... see if someone locally does MT and get them to do it while you are gone.  Have them sign a contract or something so that you don't have to worry about your accounts.   Or I would be they would hold their dictation and let you do it when you got back.   NO WAY should you take the work with you.   If you have been with them for 5 years, you have already proven your worth.   Chances are if you tell them you are going to take a short vacation since you haven't in 5 years, they will respond and so go, we will hold it til you get back. 


 


Good luck, enjoy yourself!!


You probably shouldn't waste your breath
You are so right.

How one finds themselves in a desperate situation like this is irrelevant.

I just can't help but think people who have the mentality of the poster to whom you responded are the same who claim to be Christians and Right-To-Lifers. I guess you only have the right to live if you're in the womb and not a sinner.

These people were totally disregarded as human. Make your bed mentality, have versus have not mentality, and as the poster below said, plantation mentality.


You shouldn't feel that way! No one has even ASKED

before they hired me.  Well, maybe at a hospital but not otherwise.  There was an older lady who worked at a hospital I worked at.  She was past retirement age but still working.  NOT TRUE that you can't still do it well; she did.  She not only transcribed but she acted as trainer for the new MTs the hospital had hired, started them out on discharge summaries and then progressed them as they learned.  She did a fantastic job.  I learned SO MUCH from that lady, and I was not a new MT and she did not train me, but still there is no substitute for all those years of experience.  If I had a question I sure knew where to go.  AND - she didn't mind questions!


So don't think you can't do it or they won't let you do it.  You sure can, and I bet you are much, much better than so many newer MTs.  Like I said, there is no substitute for all those years of knowledge!


Shouldn't need a business line
This "business" thing seems to vary. When I asked them about a "business" a/c they told me I didn't need one. Now I am running into MTs all over who have phone cos bugging them about usage.

LOL - it says "unlimited long distance" - it doesn't matter if you use it for friends or for dictation. I'd be curious to see what happens with a lawsuit, because they may lose.

Business a/c's are generally for people with multiple lines and special needs re quick repair times. It has nothing to do with how much you use the phone to call one number.

I'd try confronting them with this. Ask them - just what is a "business" a/c for. Because when I ask AT&T, or Comcast for that matter, they tell me exactly what I SD above - people with multiple lines and needing fast repair times, special wiring, etc. Not because they use the phone a lot to call one number.
I didn't say it shouldn't be capped.
My post says ibuprofen should not be capped unless at the beginning of the sentence. Maybe you should read that more clearly.
The info was on a disk and shouldn't have been
NM
She also shouldn't have sung that 1st song....sm
She didn't do well the first time she did it and then her response for choosing it last night was really stupid - "I wanted to show I can sing a top 40 song and thought that if I stood up it'd make a difference." Gees - if I had been in the final 2 the last thing I would have chosen was a song that I was told the first time I did badly on! Who cares if she or anyone can sing a song that is top 40?