employee rights

The hospital I work for has called the at home Transcriptionist and told them if they do not meet a 1000 line a day line, with a 10,0000 line pay period they would suspend us for three days, the next time is termination.  They also have out sourced alot of the work that has recently been dictated.  My question where do I find legal advice for my line of work.  I am a full time employee, I recieve insurance and retirement, they tell us when we have to work, adding onto our schedule, then tell us we have to work weekends and holidays to lower the count.  We do not receive overtime, holiday pay, vacation time, or sick time.  With us being a full time employee, we have also been by passed when across the board raises have been given to other full time employees.  I just want to know what the in home transcriptionist legal rights are and don't know where to find them.  Thank you in advance for any help you can give.

• employee rights - pdz180
  • We need to stand up for ourselves - see msg
  • After reading your post, I'd have to say - s/m
    • Just to clarify - pdz180
      • at home employees - E.J.
        • what the other employees get we dont - pdz180
          • If you took the job under those SM - not much of a case here
        • Just to clarify - E.J.

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NOT GOOD!!!

Face it - the nationals are going to outsource alot more.  We are no longer immune to the economy.  They are just waiting for some of you to leave - and you will.  Using your PTO now (at their convenience) just means they don't have to pay it to you later.  You can not FIRE someone for lack of performance if there is a lack of work.  The number one eligibility for worker's comp is lack of work and the nationals certainly can't deny that.  If your income has been cut by one-third for 60 days or more, there are better incomes out there (maybe not with nationals), but the American companies do provide good pay, steady work, and understand and respect your rights as a worker.  If it is unemployment you want, do not quit.  Find out now how it works in your state.  There is about a week's waiting period.  You only get about 50% of your income for anywhere from 13-26 weeks.

For those of you who have no choice except to stay - do some research.  If you are full time with good performance records, benefits, and PTO - your job is just as legitimate as if you worked in a factory or any institution in YOUR state.  Your job has to be defined - hours, work, etc.  If your company is not supplying the work, then that changes your job definition.  There are laws in every state to protect you as a worker.  Know them.  They can be different state to state.  Remember, standing up for your rights may get you layed off and unemployment only lasts about 6 months. 

You would do all MTs a favor if you shared some of your research here on different state laws and better companies to work for.

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.

http://www.ftmn.com/Employee.html

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.

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.

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.

ms

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)

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!

Chickadee

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.

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.