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Independent contractor means "independent" contractor - sm - jumpingthroughhoops


Posted: Oct 22, 2014

I am so tired of these companies hiring for an IC position and then when you are not at your keyboard johnny on the spot at 11 a.m. every day to start your day and sometimes start at 12 p.m. or 12:30 p.m., they are calling your cell, sending threatening E-mails.  They never stipulated in their contract that if you say, per se, you are going to work 11 a.m. to 7 p.m. and you start a little later, say 12 p.m. and work until the work is completed still getting getting the work completed well within TAT, that that is NOT ACCEPTABLE.  I work as an IC for a reason.  That reason is I cannot work a set schedule, this is why I work from home.  If I could work a set-in-stone schedule, I would be working outside of the house or working for a company who hires employees.  

Let this speak for you - sm

[ In Reply To ..]
Send them the two links in this post, that should clear a few things up for them. Many companies use IC to save money; however, they do not recognize (or chose not to recognize)all of the laws that go along with IC. You own your business, you are your business and they need to treat you as such. They can request you start at 11 a.m., but it is just that, a request. These documents will shine a light of knowledge on them.

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined


If she chooses not to start on time,she can find herself - out of a job. nm

[ In Reply To ..]
s

Contract - sm

[ In Reply To ..]
Tips on writing a contract. The devil is in the details.

I don't think the OP is being unreasonable. - I work as a true IC

[ In Reply To ..]
and I get on the computer when I want, no set hours, as long as I type my contracted lines I'm good. I am never bothered, called, or harassed for not being at my computer working. I never give a time when I will work. I don't think companies that claim you are an IC truly treat you as one. As long as your contracted lines are typed, I think you are abiding by your contract and that's all that is required of an independent contractor.

I'll bet you don't get paid 7¢ a line either! nm - retired MT

[ In Reply To ..]
.
Actually I get paid more than 7 cpl. nm - nm
[ In Reply To ..]
nm
What's your point with the "7 cent a line" comment - ?
[ In Reply To ..]
I can't tell whether you are agreeing or disagreeing with the poster you replied to.

Yep. When I started with YOG many years ago - as an IC, as long as we

[ In Reply To ..]
got our line count in sometime during that day it didn't matter when you worked. Now they have so many young and competitive management persons that they make us miserable with their requirements, even as an IC.

young and competitive? - you mean morons???!

[ In Reply To ..]
you're too kind...:)

Why, yes, that IS what I meant! - nm

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xx
LOL! - nm
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:) thought so...!

Yes, took me a while, but I found a "true" - IC position

[ In Reply To ..]
Many of these MTSOs are illegally designating IC when in fact they are enforcing employee demands, and when reported and investigated have been made to pay back wages or fines. Some employers think all they have to do is call a position IC and it is. There is a reason that the IRS gives legal guidelines on what is an IC and why it is a different classification according to the IRS and tax laws.

I've been in this business almost 30 years and even when I started as an in-house employee, we didn't have a set schedule (just 'morning'/'afternoon' shifts, etc. and a minimum weekly line count). Anyone saying this is impossible and you can't conduct a business like that has been drinking the kool-aid. Inherently, medical dictation has ALWAYS been based on the ebb and flow of dictation which is why this flexible system had always worked, UNTIL these MTSOs made it a sweat shop with strict schedules. That is the reason now why MTs go from mandatory OT demands to sitting around with NJA (no jobs available). It does not work, except for the company who now has their employees convinced it is normal to work their set schedule, sit around if there is no work, AND be available at any other time round the clock. Madness, yet even in this thread you see MTs (?) defend it.

So do you work for just one company or do - MT

[ In Reply To ..]
you work for several? How did you find a true IC position? None on here that I know of. So you're saying you contract to work mornings or evenings and a weekly linecount? I truly want more information on this. How is this different from per diem work? Do you send them an invoice to pay? What if you want time off? I don't see how this can work with the services there are now. Truly want information though. Thanks.

I work for one company and - love it.

[ In Reply To ..]
My background: Worked 20+ years for a great company as an employee, flexible schedule with minimum line count per pay period. They closed/owner retired after competing with underbids for accounts we had had for decades. I found a job as an employee for a company with great perks (no weekends, 16 paid holidays, sick days, 12-hour window for your 8 hours) until they were bought out by one of the big offshoring MTSOs. Just as horrible as everyone had warned me about (the only positives were I had good TSMs). I gave it about a year and quit. I was fortunate in that my husband has a good job so I could take my time with interviews and new companies. It took me about 2 months to find my current company. They had advertised on a well-known MT Job board on another site, and I found positive reviews when I did a search here.

To answer your questions: I only applied at places looking for ICs and, when interviewed, made scheduling my primary question. If they basically wanted to hire an employee, I politely declined.

The family-owned company I work for asked for a rough time frame (afternoons/days etc.) and how many lines I think I could commit to. I work afternoon/nights and usually start anywhere between 2 and 4:30. I work M-F, but will help out on weekends if I see we're busy. I do let my boss know ahead of time if I have to work less hours than usual or will be quitting early due to dinner plans, etc. As an IC, vacations are unpaid, but I've never had a problem requesting time off.

If doctors suddenly decide to catch up on past dictation (which we all know happens often), we jump on and work if we can. If it is slow, I'll work less that day and make it up if I need to on a weekend or other time when we're busier. Simple. The best part? With flexibility comes MUCH less stress.

And yes, this system works for both employee and MT and makes for a happier environment. It worked in the past, and it works now. MTSOs demand strict scheduling of an IC because it works for them, not the MT. What they really want is an employee, but do not want to pay the benefits. Again, there is a reason the IRS has different classifications for an IC vs. an employee.

IC position - Old Pro

[ In Reply To ..]
I am a retired MTSO/MT and I absolutely loathe other MTSOs who misclassify employees as ICs. They only do it for their own selfish gain, and they cheat their employees. I for one am glad that several of these companies are being investigated by the IRS (and the State of California as well), and I hope that huge fines are levied and that they are made to pay restitution to the MTs whom they ripped off. Not all MTSOs are evil--some of us are actually on the side of you guys and are glad to see MTSOs who do these things get the punishment they so richly deserve. They give all MTSOs a bad name, and it just ain't so, McGee.

Say I hire a house cleaner or gardener - IC too

[ In Reply To ..]
...and she says "I can start at 2pm each Wednesday" and 90 minutes later there's no sign of her, you bet I'm going to be calling to find out why she's not holding up her side of the bargain.

If you can't stick to a schedule that you yourself have set up, then you need to find a position that works on pure turnaround with no schedule at all.

I work as an IC and I have complete freedom over my schedule - I can work the same hours every day or week or change them around each day to suit me. But it's on the proviso that once I've told the MTSO when I'm going to be working on a given day, then I need to stick to that or notify my TL if I can't. In return, when work is slow my TL will save files for me to do as she knows I'll be there when I said I would.

It is also all about work ethics too. Some have it, some abuse it. - anon

[ In Reply To ..]
IC was great...in the beginning. Too many have abused it, along with the MTSOs. Not being reliable on the MTs part, and not being fair on the MTSOs part. The MTSOs think they can pay you peanuts. IC was supposed to be a benefit to those who did not need benefits and so they were compensated with larger pay and because they had to pay their own taxes, they were also compensated. This was because they did not get some of the perks like in-house employees got.

Now it does not pay to be an IC nor an employee, nor an MT in the US...so it seems.

Independent contractor - Grandy

[ In Reply To ..]
department of wage and salary has very specific guidelines for IC vs employee. If they want you working during specific hours and dictate what you must produce, they need to hire employees, which would then require them to guarantee at least minimum wage when there is no work. Unfortunately, many transcription companies want the best of both worlds.

I was told - anon

[ In Reply To ..]
I was told I could finish the daily line requirement and stop if that is what I wanted to do. Now all of a sudden that has changed to no work available for long periods of time, yet I need to be sitting there staring at a blank screen generating ZERO income. Also they certainly don't mind emailing you to death when other MTs don't show up and there is excess work and insist you work. Cake and eat it too is certainly one sided in this industry. I hate this now. Absolutely hate it. And yes, I am trying my best to get out.

You were told - Nick

[ In Reply To ..]
If you are being forced to sit and look at a blank screen, you need to contact the Labor Board.


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