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Serving Over 20,000 US Medical Transcriptionists

non-compete agreement

Posted By: curious on 2006-07-28
In Reply to:

I read the posts below about the n.c. agreement and wonder if you have any knowledge of them. Any info is appreciated. Thanks.


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non-compete agreement
GA girl, where are you? Do you have experience with a n.c. agreement in GA?
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!
no compete contract...sm

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!


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
can we get an update on the no compete contract

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.


I am in agreement with you. sm
I haven't seen the word type ever, either.  I use the hyphen non-Hodgkin lymphoma.
Am in 100% agreement with you...
this is what I have been talking about. This is a job and should be treated as such and not just a vehicle for you to be able to stay home. Thanks for the good post. Most of the MTs answering are really, really touchy about this because they are the ones trying to be supermom, wanting to put all else before their job and then wondering why falling short in pay, time to actually work, etc. I have never said not to love your family- you just really need to have a separation of work and family.
I am in agreement.
I doubt anyone is working for a national making that kind of money the OP asks about.  You need to cut out the middle man, take the initiative, and gain some accounts for yourself unless of course, you don't want to leave the house and don't want the responsibility of doing just that.  It does take more than just sitting at the computer to gain accounts.  JMO.  I have my own accounts, not large, and I'm not an MTSO, but I'm making $35,000.00 a year, and I don't work that hard, but I do have many, many years of experience.  The accounts I have were through the docs watching me transcribe on-site and being impressed and I'm not patting myself on the back, but I do believe being on-site for awhile can do wonders for your career. 
Walmart is good. The regular supermarkets are going to be forced to compete.
It all works for the good of the consumer.
total agreement with you - sm
I myself am in favor of trying to find out which hospitals outsource the work to India and then writing letters to the local newspapers as "letter to the editor" kind of thing to let the residents of the area know that their medical records are being sent out to India. But that's just my opinion.
do NOT sign any such agreement
x
I'm in total agreement with you.....sm

Do not kill them....unless poisonous or unless they strike!  They can be caught and released or given to someone or some group who specializes in handling snakes.


Killing is the coward's way out...killing something that you are 10 to 100+ times bigger than......unless of course it's about to strike or is poisonous!


Exactly, a mutual agreement...sm
Where you find someone you can trust to do quality work and help each other out.

As I am preparing to go out on my own also, here's what I was thinking. (Now this is just a thought.)

You tell your prospect up front in the agreement stages of obtaining the account that on the rare occassion that you need to take time off - i.e., vacations, etc., that you will type the most important charts, up to a limited amount of charts, during that timeframe.

I thought I would take a laptop with me (yes, even on vacation) and type 1 hour or so.

Then, when you return, you will have the backlog typed in xxx amount of days at xxx discounted charge.

Just a thought. I'm also trying to network with local Independent Contractors to work out a mutually beneficial relationship with them.
You need to consider formalizing your agreement with them. sm

You don't sound like an IC to me but more like an employee. I would suggest that you clarify your status with this office by way of a contract that states the services you offer and what your charge is for your service. This should include the definition of a line and your per-line rate. Then, if they increase production, you increase your income, and it shouldn't really matter to you if it's thank-you letters or patient notes as long as you're getting paid. This also allows you to outline exactly what you are willing to do for this office. As a compromise, you may want to consider stating that you will supply a missing patient list at the end of each day. Then, stick to it.


This office sounds like it needs a REAL office manager and not  the doctor's wife who fills in or a manager who apparently doesn't know how to manage her own job.


Good luck!


I am in total agreement with
I also have many, many years of experience and find it hard to believe that the pay is only 7 cpl when in fact you must have a lot of experience and learn new platforms, accounts, etc.  Production suffers initially, and then all of a sudden these MTSOs want to switch you to another account, which makes it almost impossible to make a decent living at 7 cpl. 
another voice in agreement with yours...
I've been doing this 13 years, some of it as a QA Editor (the only time I've ever heard of being promoted to a "higher position" yet making significantly less money...)and I agree with all of the above. My favorite is when you put in for a raise and get ignored, time and again, even though you are called a high producer and put on difficult accounts because you "do so well on them". Also, voice recognition is going to destroy this profession entirely probably sooner than later. It's all changing completely. I finally decided I'd had enough and went back to college a couple years ago to change professions entirely. In a year and a half, I'll have my new degree and be done with MT forever and it will probably be the happiest day of my life.
Here's a wry smile of agreement instead. NM
NM
Confidentiality Agreement
Does anyone have a generic confidentiality agreement that they use for their clients.  I have new doc, and I don't have any agreement in my file.  I have signed theirs, but do not have one to offer the new doc.  Anybody have one or know where I can find one?  Thanks so much.
Confidentiality Agreement
There was an Agreement of Confidentialty that was posted on 05/20/09 by DeeAnn. that was really good. Hope this helps.
I just checked my employment agreement and...
it only says you have to return the equipment, it doesn't say who pays for it.  Should I just shut my mouth and pay for it so they don't hold my last check for ransom?
The scope of the agreement is much broader
It gives them the right to look at ANY document on your computer, any email you have sent.  They want to see who you communicate with, what you say to whom.  They want to manage what information about the company is sent out on message boards or anywhere on the internet.  They want to restrict any negative comment about the company from being posted anywhere on the internet or in private email.
I am in total agreement with what you have written
This job was quite enjoyable in my younger years and while it sounds like pay was low back in the 1980s, the cost of living was low as well.

Another 4-5 years of serious studying and I could have possibly obtained a degree in an area which had better job security, had a future I could count on and didn't require 50-60 hours of week of work to bring home 50G.

Plus, at 48, my hips, hands, hearing, have taken a beating that I am not really being compensated for, most jobs after 20 yrs, land a person into a supervisory position of some sort that allow the worker to teach what they know, and yes, to relax somehat and let the young and spunky ones keep up the grueling schedules.

So, in retrospect, I would have gotten student loans, applied for grants, did what I had to in order to acquire a higher education (I wanted to be a doctor).

You should have signed a confidentiality agreement which allows you to type this unless-
you do not feel comfortable typing it, in which case I would ask my supe to reassign it.
part of the agreement is to not portray the company in a
.
I'm in TOTAL agreement with you, I just hope they don't retaliate.
x
This is not illegal in most states. Sometimes it's in the divorce agreement.
nm
Try calling back about a payment agreement.

deal with compared to my state department of revenue!  I owed taxes over $10,000 in taxes two years in a row to the IRS, so over $20,000, and they let me make payments on it and I got it paid off.  I also got the INTENT TO LEVY notices, but when I called and set up a payment agreement they stopped with the threats.


Right now I owe the IRS about $5000 and when I called to set up payments I asked them if I could make payments of $150 a month and they accepted that without question.  I was a little afraid to suggest such a small amount, but they took it.


Now my state department of revenue is much meaner than the IRS.  They told me to pay what I owe them in six months or else.  They put a lien on my house.  They will only accept payments if I take the total and divide by 6 and pay that amount each month (impossible for me to pay that much) so I am just in a holding pattern seeing if they are bluffing or if they really are going to do something.


I'd say if you really have nothing of value the IRS can get, then it is to their advantage to work with you.  I think you just got a bad agent.  Call back and try to get another one that will work with you. 


Despite having just read the Subscriber Agreement, Section #10...
Re: Limited warranty on Equipment (stars); their legal people pretty much covered their ass. However, based on my experience with IPs, if you keep plugging away (it may takes months), eventually they will tire, thus removing said charges. Again, be prepared for a long battle and make sure to document everything, and I do mean everything. Please keep me posted.
Our agreement with our clients regarding referring physician names
When we accept a new client, we request a listing of all referring physicians and their addresses. We enter those names and addresses into our address database which can be accessed by the MT at any time while transcribing the report. They can search by first name, last name, partial name, city or state. We also instruct the physicians/dictators (and their staff) to SPELL physician names if they have not been provided on the initial list. If the dictator dictates a name not found in the database or does not spell a name, the MT has permission to leave a blank (or spell phonetically with a flag for the dictators staff). Our clients print their own work and can make changes/corrections to documents at their end. Therefore, it is THEIR responsibility to fill in the blanks if the dictator uses a name not provided or if he/she does not spell the name. QA staff does not have TIME to look up addresses, and in my opinion, doing so would be a huge waste of our skill. We edit hundreds of reports daily and if we had to research names and addresses in each report, we would never meet our turn-around time agreement. Additionally, we have a customer service department at our home office who can assist MTs with issues such as this. Check with your supervisor/QA staff to confirm what your company policy is regarding names and addresses. Perhaps blanks are acceptable for physician names. As we all know, even if the dictator dictates John Smith, it's possible the name is spelled Jon Smythe. There is no possible way for you to know that; therefore, it should be the CLIENT'S responsibility to confirm the spelling and add the address.
when you work for a national, you sign a confidentiality agreement...?
the same rules would apply, and you must have signed a confidentiality agreement with whomever you work for. you can be fired, if breached.

my opinion, as a professional, you transcribe it and mums the word...

when I worked in a hospital, someone was caught 'sharing' information about the CEO from a transcription report, and was fired on the spot.
It's a written rule in some companies confidentiality agreement.
I know my company has it as a written rule so it just is not good business. I would think an MT would know this
In total agreement, Chris and ManDIVA rule, Taylor

Does this mean you don't have a business associate contract/agreement in place with your doctors
nm
STAPLES is now carrying Dell PCs, laptops, exclusive retail agreement. nm
Paradox