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no compete contract...sm

Posted By: GAgirl on 2006-07-27
In Reply to: Noncompete contracts - what else is new

I think I know who you're talking about...almost positive! Gosh, I wish we could post her name here so others in our area would not become one of her many VICTIMS!


Please email me if you'd like...I'd be more than happy to help y'all in any way I can...bestest of best luck to you...I hope you kick her crooked a$$ in court!




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can we get an update on the no compete contract

Google contract samples, basic contract examples, etc.
:+
To compete with who? (sm)

They quit teaching MT in my area at least 5 years ago because there are no jobs in the area.  Hospitals are on EMR and there is no available work in the area.  The schools here were probably sued because people couldn't find decent paying jobs, LMAO!


Who says you have to compete
Obviously the AAMT is more interested in the offshore projects anyway.  Doing something like a BOS with some common sense has nothing to do with them.  Frankly I think a book with tips, tricks, samples etc would be much better than what is currently being offered.  Of course AAMT can't be competed against.  I don't think the idea here is to go after the companies or take over what the AAMT has done.  The idea to have a real organization for MTs here in the United States.  A place where MT opinons really count and the power that be won't sell out to the highest bidder.
Non-compete
I believe all "honest" ICs will willingly sign one since I have been burned before by an MT who went behind my back and stole my account from me!! I was terribly burned and as a small MTSO, I believe in them very strongly. If you want to keep your accounts as an MTSO, have your MTs sign a non-compete. If your an IC, think about it from a MTSO point of view, would you want someone to go behind you and take your business away?! JMHO.
Non-compete clause
This goes on all the time but I must say that it IS stealing! Shame, shame on you!
non-compete agreement
GA girl, where are you? Do you have experience with a n.c. agreement in GA?
non-compete agreement
I read the posts below about the n.c. agreement and wonder if you have any knowledge of them. Any info is appreciated. Thanks.
Non-compete agreements

Who has had to sign one with their company? Are they enforced? How long was your non-compete arrangement for? Thanks!


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.
owners trying to compete
The companies are trying to keep their profits high, be competitive with India and the doctors want to pay next to nothing. It's a tough business right now. I would look to other options or really push for more money. I wouldn't work for less than 9 cents. On the other hand, there are MTs out there who think they are very good, but they are honestly terrible. I think if you push for a quality company and sell yourself and you truly are worth the money, you will get it.
It is a reality in this business. It is the only way for them to compete, but it
aa
Is it really a gift when you have to compete for it? Nonsense.
x
This is interesting (non-compete clauses)
My contract has a standard non-compete clause. Basically, that any subcontracted Transcriptionist will not contact or contract with any clients of my service. I finally had a transcriptionist ask for this complete list of clients. Makes sense, because how will they know who to avoid if they, well, don't know? But I would much prefer they didn't know to begin with. I don't want to tip my hand by giving someone a list of my entire clientele base. Does this seem fair? I feel I should reword my contract to avoid this in the future, but I am not sure how to do so.
we have to compete for our prize for MT week
We have to find stuff in our work like a certain med, or the oldest person,and the first person who finds it gets the prize.  There were only 10 prizes to give out and there are lots of employees.  I didn't even participate because, frankly, they can kiss my patootie.  They should be giving EVERYone something, like, maybe a RAISE, instead of implementing a bogus game where a fraction of the employees win.  Do they think we are second-graders? 
we have to compete for our prize for MT week
We have to find stuff in our work like a certain med, or the oldest person,and the first person who finds it gets the prize.  There were only 10 prizes to give out and there are lots of employees.  I didn't even participate because, frankly, they can kiss my patootie.  They should be giving EVERYone something, like, maybe a RAISE, instead of implementing a bogus game where a fraction of the employees win.  Do they think we are second-graders? 
If you haven't signed non-compete forms...
with a company you are employed by now, and you leave the company, is it acceptable (legal) to contact a client of theirs and offer your IC services if you really want that account as your own?  Any suggestions from anyone having ever done this before would be much appreciated.
No way, I am having no problems with productivity, only that my pay has been reduced to compete
with the global market, that is a fact.

Now please with all respect please do not offer your opinions on my situation, I am sensing a little attitude here and I am not interested in your opinions on that. Thanks.
Both? I thought Spheris had a "no compete" rule.

At least that is what I was told.  Or maybe this is just a new thing?


I fail to understand what the "competition" would be.


Contract/no contract -- same rights
You do not have to have a written contract to take them to court.  All you have to do is to prove you have been providing  work to him, past statements/invoice will do that,  you just fill out the small claims forms and go to court.   But first of all I would personally go in and talk with someone about it.   Could be the office manager/bookkeeper and not the doctor that is not paying you.   He may not know anything about it.   And please do not  make the "joke" as above mentioned, that is very LOW class, tacky and not professional at all.  Especially if you are in a small area -- you need to conduct like a professional.  But call and make an "appointment" to talk with the doctor either in person or through a phone call.  Some doctors do not know what is going on in their office and perhaps the office manager wants to be paid first.  If the doctor does know, then in person or over the telephone inform him that you have no other choice but to pursue the debt just as they would if someone did not pay their bill and if that involves going to small claims court, then that is the route you must take.   Good luck.  I did take one to court without a contract and won. 
Walmart is good. The regular supermarkets are going to be forced to compete.
It all works for the good of the consumer.
Hence, the need for a contract
and put it in writing that they have to give at least 2 wks notice or pay up! Wouldn't that be right? Business is business. I bet they wouldn't want someone doing them that way!
No contract
Actually I do not have a contract and usually do work whenever I want, just received an e-mail about the holidays and was not sure if I was actually "required".  Have worked for them for 3-1/2 or 4 years but have never received an e-mail about holidays.
My contract

gives me a 72-hour turnaround time.  I'm a contracted employee; therefore, responsible for my own taxes.  I download the reports on a disk and do not print them out. 


This may have been around for a while, but I have never heard of it before.  Also, I would think it would be more of a local jurisdiction situation than state jurisdiction if you are working for the local police department.  I do not see what the problem would be ... you have a confidentiality agreement, just the same as with medical.  I will say, he went through the city attorney and others before proceeding. 


If you have more questions, please feel free to email me.


Contract
I've got one I've used for years,just fill blanks with all the necessary info. I could e-mail or fax it to you.
contract
I have been doing this nearly 20 years and have only used a "contract or agreement" once and have never had a problem with any of my accounts with payment, etc.  Guess I have been lucky but it has always worked for me.  The one time that I did one, they did not adhere to it and we still parted ways.  Now a days contracts are easy to break and expensive to fight. 
contract
I wonder if you would mind sending me a copy of your contract at radtrans@comcast.net

Thanks much!
If you did have a contract
with this doctor, then you should enforce it. You should not just sit idly by and LET him do this to you. It isn't right and it isn't fair. Doctors thinking that most people don't have the money or the time to take them to court is the exact reason that they do things like this. You have to stand up for yourself. Don't be a doormat!!
IC contract

I recently received my yearly contract in the mail.  I am to sign and return it.  They have the amount per line filled in.  I was a bit disappointed to see that the rate did not change.  In other words, no raise. 


I will probably just sign it and return it but for future reference how can I ask for more money and how much of an increase would be reasonable?    I am lousy at speaking up for myself!


contract
I have only had one contract in the 18 yers of doing this on my own and all that did was state what I provided and gave us a 30 day notice if either were to wishing to get out of using the service or providing the service.  And my accounts have been with me for 6 to 18 years so guess I am doing okay. 
What's an oil contract for?
I've never heard of such a thing.
Oil contract
We heat by propane and our bill, too, was going to go through the roof. I pay a little more for "will call" but we installed a wall propane ventless heater and it heats almost our whole house (one floor plan). The rooms that are cold get an electric heater; our little storage building has a wood burner. Like you, where does it stop???
Oil contract
This is a contract for a year's worth of fuel and the company locks you into a certain price, guaranteed. Otherwise, you usually have to pay more if you just call the company to fill up your oil or propane tank whenever you need it. However, you can beat this somewhat if you conserve and don't take their high priced budget deals. My budget was $80 last year; this year it was going to be $165 a month--for only ten months! I said no and we were very conservative here in Ohio, had a mild winter, though, and only used less than half of what we did the year before due to use of a ventless wall heater, electric zone heaters.
Contract
I don't understand your question about the contract ? ? I had to ask for a copy. They kept promising me a copy and promising me a copy. Finally I got one.

As far as their divorce...they were not married very long when the show was taped. I have no clue if the show aided in their divorce or not. Kym and I are friends, but not that close of friends.
No Contract
I never signed anything when I started the job.
I do have a contract
I do have a contract that says I will be paid on the 1st and 15th. I agree that where they go and when they go on vacation is not really my business, other than the fact that I personally feel if they can't pay their bills, they have their priorities out of order. When they cannot pay their bill as contracted, their lack of priorities becomes my business. Yes, my obligations and financial commitments are my problem -- but it would not be a problem if they upheld their end of the contract. But, I agree that I will return the work in a normal timely manner so the monkey is on their back, so to speak.
Contract
A contract may or may not help you much.  I have worked both ways and all in all if the business goes belly up even with a contract you are basically out of the money.  When I have done a contract I simply state what I will and will not provide, time in which it is provided (TAT), etc.  I state what I expect from the company, what they will provide (paper, etc.) and make it very simple.  Again basically there is always an out if they don't wish to abide by the contract or want to break it or just not use your services anymore.  And in order to enforce the contract you will be in court just like you would be without a contract.   But it does make some feel better working with a contract - but again I have been lucky with my accounts and my IC's and we all work togeter and get the job done.   I always pay my IC's before myself and if there ever would be a problem they would know about it immediately even if the check is just one day late.    But just state what you want in the contract and you really don't need all that legal language a simple contract will hold up in court if it ends up there.  Only you know what you expect from your MTSO.   Good luck.   Patti
What contract?
Do not have contract....
I don't have a contract
x
Contract

After working for a small practice for about 2 months, I was abruptly told one afternoon I wasn't a team player, they were letting me go, but gave me the transcription to do at home--I was and am grateful for the work.  I did have presence of mind to ask if I would have a contract, as this is all new to me--have mostly worked in-house, except for a short part-time job.  The office manager's reply was, "Oh....we trust you--I don't think we need a contract," which really irritated me--what about my trusting them?!  Now I wonder just what category I'm in.  IC or what??  I suppose I just don't want this office to think I'm a dummy and of course, need to protect my interests--this is my bread and butter--not a sideline job.


I started looking for a sample contract here on MT Stars, but I suppose the required wording varies from state to state.  Does one have to have more than one client to be considered IC? 


Appreciate any help!


 


I


My contract
My contract tells my docs that I am off on all holidays, including Christmas Eve and the day after Thanksgiving.  It also says if those holidays fall on a weekend, I will take either the Friday before or the Monday after as a holiday.  If they request transcription on those holidays, I charge double per line.  I've never had them complain to me on this at all.  I once had a STAT dictation on a holiday and the doc included a $100 bill in my envelope "for me being a pain in the butt," as he wrote on the note. 
? about an IC contract

I am signing a contract for work as an IC.  It says Executed by Contractor at _____________, on ____________, 2006.


 


I get the date part but what goes int the first blank? My address?


If you are an IC then the contract
you signed should stipulate how much notice to give.  If not, I would ask.  You may want to use them on your resume for future jobs. 
Need an IC Contract example...

Anyone have or know a website with IC Contract examples.  I need to type one up by tomorrow, and I am at a complete loss.  


Thanks again!  This forum is awesome!  


 


 


Need an IC Contract

Hi. Anyone know a good contract form to use for Indepedent contractor status using line count or hourly?


 


Thanks,


 


Terry


What does your contract say? If no contract
x
contract
I have never signed a contract as an employee that I can remember, contracts are for independent contractors, thus a contract.
Contract

Even with a contract if they find your work "unsatisfactory" they can nulify the contract.  Even with a contract there is no reassurance that they will keep you and should they fire you unjustly do you have the money to go to court and what will you put in the contract to offset the fact that the "let you go before the expiratioin of the contract."    Even with a contract the one doctor might still "pick" as it seems like it is his nature so why take that with less money and still no reassurance that they will keep you.   I used to work with contracts but each time it came up for renewal there were negotiations, etc. and several times it prompted them to look elsewhere.  Now for the past 15 years have worked without one and barely lost an account to someone else, only death and retirement.  If this doc mainly picks at the bill just document all the work and stick by it.   Good luck


contract
Its a shame what these so-called companies do.  I really hope you are able to get the money you worked for!  I don't see how they sleep at night, but I guess they are okay with it as long as it does not effect their paycheck.  I recently had one lady hire me as an IC, but when I asked about a contract, she kept saying, "I'll get it to you in the morning, in the evening, sometime this week, etc." She wanted me to start working without a contract!  Then got angry with me when I refused to starting working without a contract!  I can't wait to get out of transcription full-time.  I still love the transcription itself, but I hate these companies with the bait and hook, practically begging for a raise, the broken promises, etc.  Sorry to go but its just really old.......................and you guys are the only ones who understand how it is.
In your contract, specify exactly
what you are going to charge them. If you would like the client to pay for the phone charges, then by all means, add it to their contract. Everything and anything is negotiable. Do not devalue your worth.
contract
Did you sign a contract with the first service stating you were not allowed to work for anyone else while working for her?