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New IC contract requiring response to e-mails in 5 minutes - indymt
Posted: May 29, 2010
Got a new kind of rudely worded in places contract from company I've been with a little bit. I don't care about agreeing to 98% on quality audits, or agreeing to provide a certain number of minutes/lines of work a day and specifying which days, or agreeing to 24-hour TAT, but there is a section that we must respond to e-mails or any other form of communication within 5 minutes during active work hours, otherwise without an acceptable excuse (power/internet outage or emergency) after third or fourth violation contract will be terminated. One of the examples given of an unacceptable excuse "I decided to watch my show and left my computer for an hour, sorry." Then it goes on to say, "If you are going to be unavailable for more than 5 minutes and might miss that email or phone call, email us and let us know."
Now, we aren't out and out asked to commit to certain work hours , just to indicate days available and how many minutes/lines we can do, but to say that we must answer e-mails within 5 minutes during "active work hours," isn't that pretty much saying you need to be at your computer from 8 to 5 every day? I'm an IC.... I might go to the store, go for a walk for an hour in the morning, do laundry or clean my bathroom, pick up my kids from school, all which take more than 5 minutes. This just doesn't seem right.
I'd tell them to stuff it. - nm
[ In Reply To ..]nm
IC - biskie
[ In Reply To ..]You could try crossing out that part and initialing it and dating it. I have done that with certain things in IC contracts. Also, I have heard that the only thing a company can tell an IC is whether or not they will accept the product you give them and that they should not be dictating any of the details of your work, unless it is a government contract, when i think they can specify that you do not discriminate against employees, etc. So if you are really curious you might want to check with an attorney about whether they are overstepping their boundaries. But I would try the crossing that clause on the contract first, and provide them with a cell phone number where they can reach you in case of emergency...something like that. Good luck.
definition of an IC - kv
[ In Reply To ..]IRS has clear definition of what an IC is. You set your rate, you choose the type of work you will do, etc. Just google independent contractor or employee, and something should come up. Recently had hospital tell ICs they have to work weekends. A "jerk with perks" sent the email. She's uneducated and probably someone in legal would have stopped her. Just one more piece of info on them. We are not independent contractors if they are telling us when to work.
ic and irs definition - biskie
[ In Reply To ..]that is so true, KV, and if the crossing out the lines that you don't agree with doesn't work, maybe sending a printout of a googled definition of IC versus employee to your contact would be helpful...and maybe if necessary, a copy to the legal affairs/compliance officer of the hospital (assuming it is a hospital) that you are ICing for....that would probably put a stop to it fast....
''jerk with perks'' - viclee
[ In Reply To ..]Love that term! LOL.
A perfect description of so many administrative/managerial-type personnel in MTSOs. So funny & so true.
Clarity of IC - Not so clear
[ In Reply To ..]The IRS offers up GUIDELINES that are open to interpretation by whomever is applying them. It's not clear. It's not concise. It's not uniformly applied.
Very true. They need to be clarified and firmed up to be useful. - NM
[ In Reply To ..]nm
New IC contact 5 minute reply - Lvsummer
[ In Reply To ..]Boy,that seems to be time interruption so they can e-mail you all the time and make no money so they have to keep interrupting you plus I agree it is not right that they expect that.?
Can you say micromanagement, I knew you could - Not tied to this chair
[ In Reply To ..]Forget that. Control freaks
I work there also and the 5-minute reply is mainly - also an indymt
[ In Reply To ..]in regard to them contacting the MT about a STAT dictation that is needed. And, as the OP said, it does say that if you are going to be away from the computer, to let them know. The thing with the the STAT notification is that if they need it and you have it, they can't get in touch with you to send it, they will transcribe it and then you WILL NOT get paid for the lines.
So do we have to let them know when we are going to the bathroom? - indymt
[ In Reply To ..]I mean, even a bathroom trip depending on -you know- could take more than 5 minutes. I would have understood if the contract was worded such as "If we try tontact you for a stat and you do not respond in 5 minutes, you will lose the lines for that job." Okay, fine. We have then be warned. But it is worded that "failing to answer all emails or other form of communication within 5 minutes" receives the corrective measure, which could be termination as of the third "offense." It's very over the top and I'd really like to know who came up with that.
Timed - Alias
[ In Reply To ..]I don't like to be timed to do anything! I would find something else in your situation with your family.
Curious, have any of you here presented your - concerns to them? sm
[ In Reply To ..]I work for this MTSO and have the same problems with it as you all have, but I'm wondering if anyone has actually said anything to them about this? I plan to and kinda hope others do as well rather than just signing it. I feel it's a matter of principle. The language of the documents bothers me, too, especially the part about watching a show or using caller ID.
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