A community of 30,000 US Transcriptionist serving Medical Transcription Industry

I knew it would happen to me sooner or laterâ�¦ - JustAnotherMT

Posted: Feb 01, 2012

I just need to vent….

I’ve been working part time as an IC for a hospital in the Midwest for about 10 months now. They actually found my resume online and contacted me. I was already working 2 other part time jobs which really took up a lot of my time, but of course, not much money involved, so I decided to take it. I did all the training and caught on very quickly. In the beginning, I was able to work whenever I wanted since work was plentiful. Then they started hiring more and more transcriptionists and work was not plentiful. Then I was given specific days/hours to work. I was always on the schedule both Saturday and Sunday from 8am to 8pm and I was given one week night from 5 to 10, where I only had about 6 reports to type. I was scheduled to work EVERY holiday (even the Eves) from 8am to 8pm and I NEVER once complained.

The schedule for this month already has me on the schedule every Thursday night and every weekend, both days. I just got an email that I am now to work on as “as needed” basis but must remain available for the days that I am scheduled “just in case”. So I assume they want me sitting by my computer waiting for that email to come through if they need me.

I even went back to college a few years ago. I took Medical Billing, ICD-9, Medical Management Office procedure courses….I did very well and have all the necessary certificates, etc, and I can’t even get a good job because I have no experience in those fields. ARRRGH !!

If you are an IC, they CANNOT legally require a set schedule. sm - JustSayNO

[ In Reply To ..]
It's illegal, plain and simple.

except it's not illegal - ICMT

[ In Reply To ..]
It's NOT, I repeat NOT, illegal for someone to have you follow a schedule and you be a contractor.

To the OP-- What does your CONTRACT state? If you are a contractor, you should have provided THEM with a contract which states your availability, premium rates for weekends, etc.

Sounds to me like they are hiring employees and they are being given preference.

I'd make up a contract and give it to them to sign. What's the worst that could happen, they'd take you off the schedule?

MTSO's are ILLEGALLY hiring IC's and having..sm - whistle blower

[ In Reply To ..]
the same control over how and when the work is done as an "employer" would and not paying taxes. Most of the small MTSO's don't get caught, but some do, and more and more medium and larger MTSO's have been fined and now only hire employees who they can have absolute control over.

Common-Law Rules

To determine whether an individual is an employee or an independent contractor under the common law, the relationship of the worker and the business must be examined. In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered.

Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties. These facts are discussed below.

Behavioral control. Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of:
Instructions that the business gives to the worker. An employee is generally subject to the business' instructions about when, where, and how to work. All of the following are examples of types of instructions about how to do work.
When and where to do the work.

What tools or equipment to use.

What workers to hire or to assist with the work.

Where to purchase supplies and services.

What work must be performed by a specified individual.

What order or sequence to follow.

There have been DOL funds in the federal budget for the past year to track down companies who misclassify their workers. More light has been shown on the subject with the high unemployment numbers and people who thought they were not eligible for benefits finding out that they actually were because of misclassification by their "employer".

http://washlaborwire.com/?s=independent+contractor

YES it IS ! ! Repeatedly saying it does not - make it true. nm

[ In Reply To ..]
.

Full-time IC is an oxymoron. - No such thing. nm

[ In Reply To ..]
.

not illegal - IC no more

[ In Reply To ..]
It is not illegal for an employer to state what hours coverage is needed on what days. If the "IC" is working a schedule - that is her choice. Here is what we need - take it or leave it.

Here is a link to an MT Stars thread from...sm - VTMT

[ In Reply To ..]
two years ago when this same subject was being discussed. It doesn't look like anything has changed since then.

http://forum.mtstars.com/225872.html

IC Talk - JC

[ In Reply To ..]
Well, sure, you can set a schedule for yourself, but they don't have to accept it.

Let's say you want some work done on your house, and the worker is an IC. You tell them that they must be there by 8 a.m. so you can let them in before you leave for the day. The IC doesn't want to start work (or can't) until 10 a.m. The IC can say "yes" or "no" to the job, right?

If you hire someone to work full time on your house...sm - anon

[ In Reply To ..]
with an unlimited amount of time specified you are an employee.

Simply untrue - ICMT

[ In Reply To ..]
I sure wish people would educate themselves on what being an INDEPENDENT CONTRACTOR means BEFORE they put themselves in the position of being one or advising someone.

You seriously need to speak to a - Labor Attorney. nm

[ In Reply To ..]
.

Speak to a labor attorney - ICMT

[ In Reply To ..]
I do, several times a day. I'm married to one.

Ha! MTSO maybe? - anon

[ In Reply To ..]
.

Maybe you could have him read this and report back? - confused

[ In Reply To ..]
.

Update..... - JustAnotherMT

[ In Reply To ..]
I just want to thank everyone for their input. I have been tearing my place apart looking for my contract. I just moved a little over 2 weeks ago. It was a forced move. I was renting an apartment in a two family home (absentee landlord), when we were informed that the home was foreclosed. The landlord, bless his little heart, hadn't paid the mortgage in about 3 years and it finally caught up with him. He was collecting the rents, but pocketing the money. Trying to find a place to live while working and packing is not easy when you're just ONE person. So, needless to say, I'm living in a disaster right now. I just threw stuff in boxes without labeling anything, hired two guys and a truck and off I went. I do know that my contract was signed in April 2011 and it ran for a year. I was supposed to work this weekend, but only if I received an email to do so. And of course, there was no email, but I still had to stick around and wait. I know tomorrow will be a repeat performance of today. It's just so frustrating when loyality and reliability gets you a kick in the hiney.

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