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Withholding half your check if you quit without notice...

Posted By: incognito on 2005-08-23
In Reply to:

Can someone point me in the right direction where I can verify that this is legal? I'm an independent contractor for a national company. I'm planning to give my notice soon but this part of the contract came up and my husband thinks it's illegal. Does anyone know for sure?


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Withholding half your check
I, too, think you should check with an attorney. I see no reason why wording like that would even be included in an IC contract, but if it is, you may not have a legal leg to stand on.

Give your notice, work it, problem solved.
I don't think it would be wise to quit over half a mil
that's not gonna last you a lifetime! I think you should be reasonable. What about health insurance? Are you married? Do you have a lot of debt? There are a lot of factors inolved.
quit without notice.
OK...With everything she has gone through, she still decides to play nice and she gives her notice. SHe works to fulfill that obligation and BAM....the company decides not to pay her. Now the company has gotten free work out of her and she has no money to show for playing nice. Small claims court or lawyer in my book. Having said that, I would talk to your state or their state employment people and find out what your options are. If they have been doing this to you for a year, then I see no reason to play nice by giving notice. JMO
Notice to quit.
To my knowledge, giving 2 weeks notice of quitting is not written in stone, nor is it a law that I know of. It is merely a curtesy. A company that wants to get rid of you is not going to give YOU 2 weeks notice. Most positions almost anywhere you work are an "at will" relationship and as such, they can terminate you any time they want. I think the state labor boards are the way to go. Or even call or stop by the local UE office and talk to one of the workers there. If you do decide to quit, you may want to or have to get legal help to get your last check as this company doesn't sound like they value the employees there and shorting you and giving you the run around on the check siutation.
If you quit without notice they may hold your last pay - sm
so you may want to rethink that or look at your contract if you have one and see what it says about quiting, etc.
Amphion-Giving notice to quit
 I love this company but just cannot make my line count within the time period I signed on for and the amount of time I am willing to work during the daytime.  (Already have a night job and am not going to leave).  Is two weeks' notice necessary for anyone out there who has left recently?  I feel like I am wasting my time at this point and don't want to waste any more beautiful days sitting at my desk and playing with my kids...  Feeling kind of like a failure for wanting to quit.
Once you give notice and quit working, how many days/weeks/months

are you covered by your medical/dental insurance?  My employee handbook does not mention this.  Is there a "standard" period of time that you remain covered?  TIA for your reply. 


Check the classifieds here, eBay, or half.com. nm
m
That is only the half of it...check out this site for a more realistic view of the future of med rec
http://www.mohca.org/standardsbodies.php3

We have not much to fear from overseas, in my opinion, compared to the technology being created every day to reach the goal of the 'standardized text' paperless record (EHR - electronic health record).

No more 'free text' or dictation in the future.

Same for billing/coding, which will be done automatically with mobile point-of-care hand-held PCs.

Certainly, there will still be editors, but I can not get any solid information as to how this technology will affect MTs. Will be still be needed, if so, in what capacity.

I keep hearing we should be open to being trained in the new technologies that are coming, but hey, what ARE they, and who will train us?

The only thing AAMT seems to be suggesting/promoting, is (what will make them a lot of money) for certifying MTs...what good is that going to do us?

I would gladly train and learn new technology so I can 'stay in the game,' but how, what, where, who pays, when? What will it be, what do I have to do?

I have E'd several people, including Ms. Tessier herself, and have not gotten any kind of response, period.

Heck with being certified, tell me how I can keep my job for the next decade before I can retire and MT as we know it is extinct!

My apologies up-front for any typos - I am not 'on the clock' so-to-speak...thanks.
Give them a week's written notice...I'll be leaving xx/xx, please forward final check to . t
why would you have to say anything else?
Withholding is the same as an employee status with the exception of state tax.
xx
I'll bring the dip and the half and half ;)

I quit once for 3 years, but then started again. (Quit cold turkey when I did)


I quit two months ago. I tried to quit for over a year, but I just had to be ready.
I tried the patch, NRT gum, Zyban, everything. One morning, I woke up and just quit cold turkey. There are some good online support groups out there that can help you when you're ready.
ALSO IF THEY WERE GOING TO QUIT SE, THEY WOULD QUIT ADVERTISING TO HIRE SE
And I have seen a new ad in the magazine Advance that has a sign on bonus for SE's, maybe just better pay, let's think positive!!
If they're withholding taxes, you're not an IC.
As an IC, you should already be paying taxes. That said, the only benefit having them withhold FICA is that your Social Security/Medicare share will be less. Social Security is 15%; if you're an employee, you pay 7.5% and your employer pays 7.5%. As an IC, you pay 15%. Doing the math, 0.0925 would be your 0.10 minus 7.5%--the 0.0924 is just a tad less than you're making now.
Do NOT quit MT yet! & dont quit looking.Try her
x
Check at a local nursery/garden center for varieties that are bred for your area, then check online
s
Check the connections from where the cable originates to wear it comes into the house. Also check t
had a similar issue with TWC and they had done some upgrades and the modem I had was no longer compatible.  The tech knew what the problem was the minute he saw the modem, only it took me about 3 months and threatening to cancel for them to get out here. 
No brainer here. Stop payment on first check before you issue 2nd check.
:+
1 out of 2, 1/2 looks like one-half
what do you do in this situation?
I have it also and they don't have even half sm
when you are doing angios and MRIs.
Could you do half and half - QA/MT?
Some days I think I'd rather do QA -  I have carpal tunnel and I could sit in my recliner and QA because I wouldn't have to be pushing a foot pedal all the time and could use hot keys, and it would be a change of pace.  But then I have days at a time, if not weeks, where I have the worst dictators.  I rarely have blanks, but I do have them, and I think no way do I want to be stuck listening to every horrible dictator, although my company pays by the hour and a good rate, so it would be nice not to have to worry about working 50+ hours/week so I can pay my bills because I don't have a consistent pay check to try to budget with.  
Which half?
nm
I have had a check bounce over a boo-boo in the check book...NOT A DEADBEAT!!
c
DID you check with Social Security& does your son receive a check???

Go to SSA.gov and research the payee options.  You may have to use the search engine, but your answer to this particular issue should be there.


I am disabled and while my kids were minors, I had to fill out a form each year on how I, as the payee spent each and every penny of the money they received.  I don't see how his mother can justify how she spent his money for things that you normally would pay.


That said, he is getting Social Security right?  Is your son receiving a dependent check?  Under law, if a parent is disabled and has minor children, each and every one of those children also receive a check until they turn 18 or graduate from high school, which ever comes first.


The check is a percentage of your husbands, so for 800.00, your son should receive at least 350.00.  If you have not been getting this, they would pro-rate it back to when your husbands disability started and that in itself, could solve a lot of your financial problems.  You can also find this out on their website,  HTH


they get half pay for retirement too!
Bus drivers are making $63,0000 and that is with no education. you can be a hs dropout or a foreigner. I hate NY and glad I left.


As an IC half-time I still use believe it or not...

I loved WP5.1 from the getgo....and still love it and all my private MDs are fine with it - they merely convert the floppy diskette over to whatever program they use.  No complaints SO FAR and it's been TEN YEARS!!!!  *lol*


 


Six of one/half dozen of the other
I have had both over the years (have bought my own insurance since 1989).  Neither gave me any grief.  Blue Cross was eventually cheaper for me than Mutual of Omaha.  The downside to Blue Cross is that if you move out of the area where you bought Blue Cross, say you have Blue Cross of Illinois and want to move to Georgia, you cannot take Blue Cross of Illinois with you, and just because Blue Cross of Illinois accepted you does not mean that the Blue Cross plan in Georgia will accept you when you apply.  With Mutual of Omaha, you would not have this problem.
Already checked half.com and they don't have any at all, e-bay only had
edition one cheap, edition 2 more expensive than any other place I've seen. 
Yep..try half.com or eBay for used ones. nm
s
I write off half my DSL
I am sure I use it more like 3/4 time for work, but half to be safe. Tax Cut, from H&R Block, goes through the deductions with you and it is simple.
About an hour and a half if I sit still...

It also depends on how many screens to maneuver before you can type which takes time in between. 


I transcribed a 70 min file in an hour and a half the other night but it was one long letter. 


It all depends I guess.


half a brain...
Again... I am not trying to win any friends or make any enemies.  If you are happy and have no complaints, that is wonderful.  I was observing and making comments.  Half a brain was not meant as a cut to anyone, simply a figure of speech. 
half year mark
My small MTSO is at 22,500 and my part-time job in a clinic is $6200.  So should do well this year. 
Not sure how to type a liter and a half. Help please sm
The patient was given a liter and ½ of fluid.
If you bought it new go for half of what you paid or it - sm
If you bought it used then try to get back what you paid for it unless it is not in good shape. If you don't remember what you paid for it, look it up on the internet what it sells for now so you can get an idea what the value is.
Have you thought about trying Half.com or Ebay? I
started with Half.com and just cleared out a bunch of books, videos, etc.  They don't charge a listing fee - just a percentage when you sell your items.  They stay listed indefinitely, too.  From there I went to Ebay.  There's a little to learn, but I've done pretty well with that, too.  Just an idea.  It works pretty good for me.
My husband remodeled half of ...
our basement about 7-8 years ago and made it the family room.  Then it became the room that the kids used for their playstation.  After awhile, nobody used it for anything anymore.  So I cleaned it out when I started working and just this spring I painted it and added my own touches, such as the Beatle's posters that no one else wants to look at.  I also added a small TV and DVD player and bookshelf, so I basically have my OWN space, which is cool.  I am also treasurer of our church, so I have all that stuff there as well - check book, books, records, etc.  It's not a big room, but it's mine and it's my favorite room in the house.
Just half-cent thoughts...
I know this is too long, but wanted to give you a few tips. Sounds like you're one of those employees of medical offices (and many, many types of offices) that isn't set up on clear job descriptions for the workers--and then stick to it. Not all practice managers really know how to run an office efficiently. You have lots of issues here, but just for me curiously, why on earth would you invest in your own equipment (unless you really wanted it anyway) and still be considered an "employee." Do you have other work where you can write off your expenses? In our city (and in many organizations, many MTSOs) there is a hospital that has home workers, but they bring the hospital equipment to the MT's home for them to use. That's how they get to tell you how and when to work. I've worked in offices most of my adult life where people grumble out of habit all the time. You may not be that kind of person, and you may be grumbling in vain or just burned out. It's sad but true that many offices don't have the luxury of being managed properly, nor does anyone have personal knowlege of knowing how to set up a bona fide transcription department. Maybe that's where you could make some changes. Make yourself a "department" not just an employee. Take the lead and define yourself. It's called intrapreneurship--you create your own little venture as an employee but see yourself yourself a "small business owner" in your own mind. You could make up a plan to present a better work option to your employers based on research and projected outcome that this change may benefit all involved. Personally, I don't think you'll get anywhere by taking the defensive line here (though you have set a precedent). However, agression and resistance won't work either. You have to "create" your spot and show how it will profit the greater good proactively. And if you're getting insurance benefits for this home/office pattern you are requested do to keep your job, lady, count your MT blessings. Also, I'll bet many MTs working at home probably wouldn't mind having to "go into the office" on some days. Sure beats the isolation and might make you feel more connected to the real world. Best of luck to you.
500K...as in half a mill???
Geez, luckeee...I'm jealous.  Congrats though!
Glass half empty....

I can agree on a few points here.  If you expect to be stroked, you won't find that in healthcare at all.  I have worked in a hospital setting, have my own accounts, and also currently IC for a company online at this point.  I just love what I do, and I'm pretty good at it.  A lot of what you write is true in that this profession has evolved, but think about it this way.  If we didn't evolve, then how long would a patient wait for you to get that report off of the old typewriter?  How many people would go months and months before finding that lung mass or brain tumor?


Just like the typewriter has evolved, the technology in which we diagnose and treat patients has evolved with leaps and bounds.  I still feel I'm doing a service to the patient.  I like my job because I know it helps people.  I'm sort of behind the scenes at this point and not visible to the patient any longer unless there's one in the waiting room when I pick up my tapes (doctor won't go digital), so I see the difference I can make.


Do I need to be stroked and told I'm doing a great job?  No.  I know I do a good job, but being told that every day or two is not why I'm in it.  Money is just the means of a transfer.  No one told me I'd get rich being a transcriptionist, but no one told me how much I would learn about the human body and functionality of it either and that I could most likely take that experience into another field.   


Wow, when I type a report on a patient that has a serious illness, I think my lucky stars.  I think at this point, reading your post, I may go back to school.  My transcription skills could really help me become a coder (are they stroked/given raises every year?) or maybe I'll become a nurse (are they stroked/given raises every year?), or maybe I'll become a physician myself and pay my transcription enormous amounts of money and remember to call and thank them to express a job well done when really I should be calling my patient with the brain tumor or lung mass or any other disease.  I wonder if the maintenance guy sweeping the hall deserves a raise or the nice lady cleaning the windows, then again maybe the physician himself wouldn't mind being reimbursed for the services he renders to someone without health insurance? 


Buck up camper....  It's going to a long trip! 


 


You need to get up and walk around about every half hour.
I had this for a long, long time. It wouldn't hurt to see a vascular doc about this. The reason I say this is because I was 50 years old and saw MD about that. My calves would get so hard it sometimes felt like they were going to burst. I had problems with walking for only short distances with horrible pain going down my legs. I thought it was just deconditioning. They ran tests and found I had claudication. They did angioplasty on both inguinals, left took but the right failed instantly. The left leg angioplasty lasted for about six months and I had to have aortiobifem bypass for both legs. Don't mean to scare you but better safe than sorry.
IC - pay own SS; SE - employer pays half SS (NM)
x
I believe it is about 4 cpl for either, give or take half a cent. nm
x
I agree, faster by half, at least
My Expander has round about 6,000 entries and I add sometimes 20-30 more a day. I think I definitely type twice the amount I could without one.
$30,000 ---- YIKES! That's a year and a half's
I wish I had the money, and still had the time, to become a court reporter. Interesting work, banker's hours, great pay. And they can ask the people talking to speak up, slow down, repeat stuff, etc. I wish I'd had the foresight to pick CR back when I was 23 or so, instead of MT. I thought I'd made the right choice, but man, was I ever WRONG!
Half a brain?? You are not speaking for everyone here
I have no problem with the work I do and I certainly would not join in any walkout or the like. As far as the statement about half a brain, that was unnecessary if you want to get people on your side. You sure wont win friends that way.
I'll never understand this. I'd be UNDER the jail if I tried anything half as SM
underhanded as what they do. They could keep you working for years and say you've "not quite got it" and get all that free work!
Try buying it from Half.com to save a little money.
How familiar are you with word expanders? The book has some great tips for newbies.
Should be 4.25 cpl because it is half your line rate if you do editing.
But, then, you are only part time because you have stated before you work full time at a hospital because you make more money.