A community of 30,000 US Transcriptionist serving Medical Transcription Industry
I recently applied for a job on the job seeker's board (sm) - anon
Posted: Apr 22, 2010
That was offering part-time acute care work for ICs. Almost immediately after I applied I received an email from them stating how interested they were in me and asked that I fill out their questionnaire. Only a one page deal so I started filling it out. Down at the bottom it asked what my salary requirements were and even though they posted up to 9.5 cpl I placed 10 to 11 cpl, taking into consideration 25 years experience and it is an IC position. The next portion of this paper was .... remember now this is for IC ..... a very specific schedule. I left this area blank because I thought that if if made it through with the increased salary requirement that I would explain to them that working as an IC does not require a specific schedule, not like what they were wanting. Needless to say it has been four days and I have not heard back from this company, lol.
Just thought I would share my experience
Question about IC - ***
[ In Reply To ..]I've been FT forever. I thought IC was just part time w/o benefits (as opposed to part time w/benefits), not a free schedule. MTSOs pay big fines to clients for going out of TAT, and I think these days they want everyone on a schedule. Hope you find this, though. I'd be interested to know what sort of job types could be done this way. I'd like to do an extra 15 hrs/wk myself when I can stay awake.
IC question - 1mt
[ In Reply To ..]IC status can be either full time or part time. You just have no benefits whatsoever and have to pay all your taxes/SS yourself. There is no employer contribution for these. As an IC, you are supposed to be able to decide when you work, although as you see, some of these MTSO's are treating the IC positions as if they are employee positions.
I think the way they get around these set - sn
[ In Reply To ..]schedules is they will only have work available between xx and xx times. Therefore, if you want to work, that is when you have to work. An MTSO does not have to provide available work 24/7 for an IC. The IC has the option of working when work is available or not.
IC and schedules - Ima MT
[ In Reply To ..]They were within IC guidelines asking you for a schedule. They were asking YOU for it, not telling you what it would be.
There's some mistaken thought process out there that IC means you have no accountability except to yourself.
As the other poster stated, MTSOs pay huge fines for being out of TAT and they need to make sure the work is covered.
Asking you to provide a schedule is no different than asking your plumber what time he will arrive or how long it will take.
My take is given you changed the salary (which I understand) and ignored the schedule, indicated to them you really weren't interested in the position.
If you have to work a schedule you are an employee. - IT IS THE LAW! nm
[ In Reply To ..].
Would you mind posting exactly what legal code or IRS code you are referencing? - Bad Rabbit
[ In Reply To ..]A link would be good. I believe that they can ask you to provide them with the schedule of your choosing without being outside the law, but are outside of the IRS description of an independent contractor when they begin assigning you a schedule.
Definition of contractor versus employee - Happy MT Robin
[ In Reply To ..]http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
It is a VERY gray area that has lots of loop holes.
Honestly, though, pretty much all MTs should be employee status. I'm an IC and I still think that, although I like my company tremendously and i like the freedom to do my lines when I want to do them and not be committed to a specific schedule.
from the IRS:
Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.
Yes, a source for this info please...does it vary by state? - ***
[ In Reply To ..]I know California has very generous laws regarding overtime.
Oklahoma voted years ago to be an "at-will" state, and if they could bring back slavery, I'm sure they'd vote for that too.
If there are laws governing IC status, they probably exist at both state and federal levels since you pay state tax too.
I worked as a "prn" for a hospital (their employee designation)many years ago; they just called me when they had extra work and asked if I could come in. No schedule; no benefits; no set hours; no overtime; no guarantees; just a paycheck. That sounds more like IC to me.
Please supply me with FACTS - Ima MT
[ In Reply To ..]You're wrong. Go spend some time at the IRS site.
You *CAN* give a client your SCHEDULE if they request one.
It's time people informed themselves instead of just responding from an emotional standpoint.
IC versus employee - Ex-MT
[ In Reply To ..]Well, IC versus employee, hmmm . . . let's give some info about what happened to healthcare organizations more than several years ago, when they were pulling the IC-employee scenario. The organizations were basically telling the worker when to work, what they will be paid, their breaks and lunch times, etc. These people were fined millions of dollars because if a person is working as defined above and written up as an IC . . . wrong . . . they are an employee. It is reasonable that the "client" would want a job finished at a particular time. It is then the IC's choice to give the "client" a schedule and a pay schedule, which because of the questionable tactics in this industry, I would write that I would be paid so much money whether there was work to do or not and get from the "client" the deadlines needed so that all that is in writing and agreed upon. If the worker doesn't state that he will be paid for so much time whether there is work or not, you can bet that the "client" in this industry will jack the MT around and demand no payment since "there wasn't any work;" however, if it is agreed upon otherwise, I bet there will be work available. If the "client" doesn't want to agree to this, so what. . . let them go . . . . they are questionably unethical anyway. When a "client" hires someone for a job, they are hiring the worker for a price, and that price should be paid no matter what or within a certain timeframe. I would charge by the job, ask the "client" which hours they are needing help with, and then I would write up a contract stating whatever hours, a price for the job -- not by the line, and have it signed by the "client" BEFORE I begin.
Did you read the OP? - Ima MT
[ In Reply To ..]I never said there were services abusing the IC status. There are.
However, the original poster indicated the service asked HER to provide a schedule. That's legal. That's IC status.
If you're working as an IC and you have not either negotiated with or presented to the MTSO YOUR terms, then I don't fault the service for abusing that, I fault the IC.
If people who are not truly ICs would start being ICs, then perhaps the services who are acting inappropriately would change.
But in this instance, it is PERFECTLY reasonable that a client ask the contractor to provide a schedule.
I agree. The client needs to know when the - sn
[ In Reply To ..]IC will be working so they can cover their needs appropriately.
a lot of ICs must work schedules - whoknew
[ In Reply To ..]Plumbers who are ICs are hired, but then told what time they may work (usually during the day). CNAs may make as an IC but must work shifts that end when another CNA comes in to take over. Just because you are asked to work specific shift does not prove you are their employee.
when we had tapes and 24-hr TATs, there were no hourly schedules - thank you advanced technology.
[ In Reply To ..].
IC versus employee - Ex-MT
[ In Reply To ..]CNA working as an IC . . . what a crock that is. . . The CNA is DEFINITELY being taken advantage of, because they just do not know. Think about what is going on here . . . they knowing is taking advantage of the not knowing or desperate.
I actually had a VP tell me just the other day (who is in the "lean" thing) that they see nothing wrong with trying to get people to do the most for the least possible amount. I can tell you that this person is getting big bonuses for this attitude. I think when this "unemployment crisis" ends, it will be discovered that much of it may be orchestrated by "management" organizations who are just creating an economy to let everyone go and then try hiring them back at a lower rate. Instead of bringing the rest of the world up to what our (the USA) level used to be, I think that some of the powers to be want everyone (but them of course) pushed down to third-world or second-class standards. Although, I do believe this is backfiring because people can't get "any old job" even if it is below their level of education and experience, because the employers won't hire someone who they think is "not a good fit" and "will leave" when a better opportunity arises. I know this may sound bizarre, but I was shocked when I heard the VP's comments coming out of his -- this was a relative.
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