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read the contract

Posted By: DM on 2007-06-30
In Reply to: Nonpayment for Services/BBB will not take report...sm - paulap

I know this sounds harsh but, read your contract. Was any of your work late or not of good quality? If you say no, then you are due what she owes you. Did you quit without notice? If no, then she owes you. The contract that you had will be your backbone if you go after this company so make sure that you read it clearly.


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Read your contract - there should be something in there with regards to notice. nm
x
How does your contract read??? It if states
you are doing the work then they have the right to drop you from their account as you are not adhering to your contract. They have a right to know who is doing their work.
Better read your contract with the national company before doing that. sm
Most companies have you sign a non-compete agreement. So, you can not solicit their clients for at least 1 year after your termination from them. Some companies do not have that agreement. You need to read your contract before you go down that path.

Good luck!
Did you read post? She has contract that calls
x
Google contract samples, basic contract examples, etc.
:+
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. 
In 12 years of MT'ing I've never re-read an entire chart. Edit/read as I type. nm
x
Yes, I read your post, and I just re-read it, and I've copied and pasted for you in case

you've forgotten your own words! Your post above is 100% different "flavor" to it, now all positive and cheery! Your first post was 100% doom and gloom every which way, including "raining on your parade", and "if you want to go forward"...God, sounds like she's talking about jumping into oncoming traffic! Here is your quote:


My first boss (the one who hired me as a new grad) gave me some words of wisdom that I haven't forgotten. She said that transcribing at home with small children NEVER works under any circumstance. Either the work will suffer or the parenting will suffer.


****


How can the word "NEVER" in caps be interpreted in any positive way? You took about 8 paragraphs to cover every aspect and completely dash this poor woman's dream.  I'm not blind, I'm not talking about day care at all, I'm talking about the total negativity of your original post! You know exactly what I'm talking about, cause you added some sugar to your second version! And that's much nicer than the first!


Oh I've read that site and continue to read it...sm
I agree...much motivation there. I have tried to quit numerous times in the past and did successfully quit when I was pregnant for the first time many years ago but I have never managed to summon up the strength or resolve to stay quit. Thus the "need" for a financial investment in my efforts. It somehow makes it more motivational to know that I have $$$ invested in this effort over and above the $$$ saved on cigarettes.
Who had time to read?LOL I only get a chance to read This Old House once in a while. (nm)
x
I didn't read the other posts but just read this
My daughter got pregnant at 17, said she wanted an abortion but BF didn't. I have a wonderful 2-1/2 yo grand daughter that I don't think I could live without...and now, guess what? I don't. I have custody of her. She was dropped off on my door, I got court ordered temporary custody and final custody hearing in a month.

I'm single with no family support. I had just taken a new MT job one month before this happened and they have been wonderful during my adjusting to being a mom again and I hope I can resume a normal schedule by next week.

I'm passing no moral judgments or giving moral advice. The situation is what it is. My prayers are with everyone involved.
Definitely an eye-opening read. Having my teens read it, too. nm
s
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?
Contract age?
The only thing I can think of is if you are an Independent Contractor you may need to be 18. In most states, contracts are not binding with minors.
contract

Hello


Can you please send me a copy of the contract that you use? I am also interested in obtaining more clients. I would appreciate it -


 


Lisa


contract
I found when I had clients, especially private physicians, they were NOT agreeable to any contract. They usually feel like they are giving you a gift by just allowing you to type for them. Honestly..
Then I would get a new contract.
x
What does your contract say???? If
it specifies which line count you are to use, then that is the one you use. Also, does it say you will have deductions for blanks? Read your contract.
What exactly does your contract say?
Usually there's an out clause that describes how either party needs to handle it if one wants out of the relationship.  You have a non compete?  That's the first I've heard of one in this business.  Go back to your source - your contract.  I've had some experience with non competes in the insurance industry, so feel free to e mail me if you want.  I may be able to answer some generic questions.
Contract

Twice in my life I've had contracts like that.  The first time, it was a company that promised a wonderful account, blah, blah.  Long story short, it was not what I expected.  The contract also indicated that it was good for one year.  When I decided to quit, I gave 2 weeks notice and received no response, but my ID was immediately deactivated.  I sent another letter letting them know that I expected my final pay in full and on time or I would have to take legal measures.  I received that final paycheck on time and in full.


The second company where I had a similar contract and found a similar situation.  There were non-compete clauses and the contract was good for one year.  As far as the actual job, there were big promises, but it was an awful account, slow platform.  This time, I lined up another job first, provided 2 weeks notice of intention to quit, and actually worked very little for the final week, as there was a one-week overlap with my new job.  I received an email asking me to elaborate on my reasons for quitting, which I took the time to explain in great detail.  I made it very clear that I expected my final pay in full and on time.


At no time did I ever intend to seek a contract directly with any of the clients of these MTSOs.  I never had a problem with receiving my final pay or having any other problem with regards to quitting, as I made it clear what the consequences would be if they tried such an action.  As far as I was concerned, each of these companies had breached a trusting verbal contract, as the accounts and working conditions were misrepresented to me during the recruitment process.  The first position was as an employee, while the second one was as an IC.


Don't be afraid, but don't stay where you are unhappy.  I doubt that they will try to force you to stay OR try to withhold any of your pay; it wouldn't be to their advantage to do so.


 


IC contract
Mine says either party can get out with 30 days notice. If necessary, I would take it to an attorney to be sure and then kiss them goodbye. I have had several contracts with different companies through the years. All have the 30-day clause. GOOD luck.
contract to deed
Not sure but think it means the seller has to give 15 days notice in writing and able to prove default in payments and a date is set for closing shortly thereafter for settling the mortgage. If the buyer cannot come up with the financing to purchase from the seller, the seller by law is allowed to keep all monies paid thus far and the buyer's only recourse at the point is court.

I may be wrong but I think this is how it goes. Good luck.