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IC terminating contract - When will I get last paycheck - Desperately broke

Posted: Jul 14, 2010

I briefly worked for a company as an IC. Things did not work out and I resigned. Now, I am wondering about the last paycheck. Do MTSOs who hire IC send the final/last paycheck during payday or is it within 72 hours? I am in California.

Thank you.

What does - your contract say?n/m

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n/m

What contract says - SM

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1. Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.

2. Contractor Work Standards. Contractor will (a) serve the Company (and such of its subsidiary or parent companies as the Company may designate) faithfully, diligently, professionally, ethically, and to the best of Contractorâ��s ability, under the direction of the officers of the Company. (b) in the course of engagement, devote his or her best efforts and substantially his or her entire time, attention, and energy to the performance of his or her duties for the Company and (c) not do anything inconsistent with Contractorâ��s duties to the Company.

3. Laws: Other Agreements. Contractor represents that said engagement with the Company will not violate any law or duty by which he or she is bound, and will not conflict with or violate any agreement or instrument to which Contractor is a party or by which he or she is bound.

4. Termination. The Company may terminate this Agreement at any time by written notice, including e-mail to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. Contractor will give a 30 day written notice of termination of Agreement to Company. The 30 day termination of Agreement notice will commence on the date of confirmation by a Rapid Outsource Imaging representative. Â¬Â¬Â¬Â¬__________ Initial
Upon termination any and all records containing any PHI (patient health information) stored on your personal computer must be immediately destroyed. It is the responsibility of the Contractor to strictly adhere to the policies that pertain to HIPAA compliance. ________ Initial

5. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the Company for any purpose. The Contractor is and will remain an independent contractor in his or her relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractorâ��s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, workerâ��s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

6. Confidential Information of Others. Contractor agrees that in the course of this agreement with the Company, he or she will not use, disclose to the Company, or induce the Company to use, any confidential information or documents belonging to others.

7. HIPAA HITECH Privacy and Security. Contractor agrees to complete the Companies HIPAA-HITECH compliance course and pass the associated test as a requirement of executing this agreement. Contractor understands that they can be personally liable for any breach of PHI (patient health information) and will take the necessary safeguards to insure and protect the privacy and provide for the security of PHI (patient health information) in compliance with the Privacy Rules. Contractor will be responsible for implementing security measures within their home office to include installing a firewall and anti virus program, restricting the use of their computer to protect patient health information, encrypt any PHI (patient health information) when transmitting data in any form (IE email, fax, IM, etc.) and not to participate in any unsafe security practices. _______ Initial

With the new HIPAA-HITECH provisions we highly suggest you consider purchasing Error and Omission Insurance for any personal liability. This coverage is available through many sources including AHDI. Â¬Â¬Â¬Â¬________ Initial

8. Confidential Information of the Company. As used in this Agreement, the term â��Confidential Information of the Companyâ�� means any and all confidential, proprietary or secret information and any information which is not strictly a matter of unrestricted public record, including that conceived or developed by the Contractor, applicable to or in any way related to (i) the present or future business of the Company, (ii) the research and development of the Company, or (iii) the business of any customer or vendor of the Company. Such Confidential Information of the Company explicitly includes without limitation: trade secrets, processes, know-how, techniques, innovative and/or unorthodox application and use of computer software, improvements, all plans and strategies for marketing, development, and pricing, pay scales for Contractors of the Company and its vendors, and all information concerning existing, potential, or previous customers or vendors. Confidential Information of the Company also includes all similar information disclosed to the Company by other persons.

9. Nondisclosure and Protection of the Companyâ��s Confidential Information. Contractor acknowledges that the Confidential Information of the Company is a special, valuable, and unique asset of the Company, and Contractor agrees at all times during the period of his or her engagement, and at all times up to eighteen months (18 months) after termination of such engagement, not to reveal, use, loan, sell or otherwise disclose for any purpose and to keep in strict confidence and trust all of such Confidential Information. Contractor agrees during and after the period of such engagement not to use, directly or indirectly, any Confidential Information other than in the use of performing duties as a Contractor of the Company, nor will Contractor directly or indirectly disclose any Confidential Information or anything relating to it to any person or entity except, with the Companyâ��s consent, as may be necessary to the performance of Contractorâ��s duties as an Contractor of the Company. Contractor will abide by Company policies and rules established from time to time by it for the protection of its Confidential Information.

10. Return of Materials. Upon termination of this agreement with the Company, and regardless of the reason for such termination, Contractor will leave with, or promptly return to, the Company all documents, records, notebooks, samples, recorded media, magnetic disks or other material, including all copies, in his or her possession or control which contain Confidential Information of the Company or any other information concerning the Company, its products, services, or customers, whether prepared by Contractor or others, and will permanently and completely delete any computer storage of same.

11. Company Equipment. All equipment provided to Contractor, including but not limited to computer equipment, transcribing equipment, modems, and software, is acknowledged to be the property of the Company and will remain the property of the Company unless otherwise agreed to in writing by an authorized representative of the Company. Contractor agrees to use and care for such equipment in a responsible and prudent manner. This includes exercising care to ensure that proper surge protection is used to guard against power surges, lightning strikes, etc. and to protect computer equipment from invasion by computer viruses, computer invasion or similar security breach. Upon termination of agreement with the Company or at the request of the Company, Contractor will, at his/her cost, promptly return all Company equipment provided to the Contractor in good working order unless otherwise agreed in writing.

12. Covenant Not to Compete. Contractor agrees that upon termination of agreement, regardless of the reason for such termination, Contractor will not, without the Companyâ��s prior written approval, engage in any business activities with any of the Companyâ��s current customers which are competitive with the business activities of the Company or those of its subsidiary or parent companies. In addition, Contractor will not solicit, call on, or induce others to solicit or call on, directly or indirectly, any of the Companyâ��s current or previous customers for the purpose of inducing the customer to purchase or lease a product or service which may compete with any product or service of the Company. This Covenant Not to Compete shall remain effective for a minimum of eighteen months (18 months) following termination of this agreement.

13. Identification of Subsequent Employment. Contractor agrees that for a period of eighteen months following termination of agreement, Contractor, upon request of the Company, will identify in writing within seven days of the request, the nature of Contractorâ��s actual or planned business activities, including the name and address of any intended or actual employer.

14. Waiver of Covenant Not to Compete. The Company agrees that upon receipt of written notice from Contractor pursuant to Paragraph 12 above, it will, in good faith, consider a waiver of the Covenant Not to Compete set forth in Paragraph 12 above. A condition of a waiver of the Covenant Not to Compete shall be that the Company obtains complete and continuing assurance, satisfactory to it, that the Companyâ��s Confidential Information will in all respects be fully protected. Notwithstanding any waiver that may be granted by the Company, the Company reserves all rights under this Agreement for the protection of its Confidential Information. This includes the right to enforce the Covenant Not to Compete if the Company has reason to believe that Contractor has breached, or will breach, the obligations under this Agreement not to use or disclose the Companyâ��s Confidential Information.

15. Nonsolicitation of the Companyâ��s Contractors. Contractor agrees that during his or her term with the Company, and for a period of eighteen months (18 months) following termination of such agreement, with or without cause, Contractor will not, directly or indirectly, hire any active Contractor of the Company, or solicit or induce, or attempt to solicit or induce, any active Contractor of the Company to leave the Company for any reason.

16. Injunction. Contractor acknowledges that irreparable harm will be suffered by the Company in the event of the breach by Contractor of any of his or her obligations under this Agreement, and that the Company will be entitled, in addition to its other rights, to enforce such obligations by an injunction or decree of specific performance from a court having proper jurisdiction Any claims asserted by Contractor against the Company shall not constitute a defense in any injunction action brought by the Company to obtain specific enforcement of this Agreement.

17. Authorization to Modify Restrictions. Contractor acknowledges that the restrictions contained in this Agreement are reasonable, but agrees that if a court having proper jurisdiction holds a particular restriction unreasonable, that restriction shall be modified to the extent necessary in the opinion of the court to make it reasonable, and that the remaining provisions of this Agreement shall nonetheless remain in full force and effect.

18. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto

19. Obligations Continue Past Term. Contractor acknowledges that each of the obligations imposed upon Contractor shall continue with respect to each unit of Confidential Information following the termination of agreement and such obligations shall not terminate for a minimum of eighteen months (18 months) following Contractorâ��s termination.

20. General. a) If the Company is successful in a suit or proceeding to enforce this Agreement, Contractor will pay the Companyâ��s costs of bringing such suit or proceeding, including attorneyâ��s fees. c) This Agreement shall be binding upon Contractor and his or her heirs, executors, assigns, and administrators and shall inure to the benefit of the Company, its successors and assigns and any subsidiary or parent of the Company. d) This Agreement, regardless of where made or performed, shall be governed by and construed in accordance with the laws of the State of Georgia. e) This Agreement represents the entire agreement between Contractor and the Company and supersedes any and all previous oral or written communications, representations, or agreements. This Agreement may be modified only by a duly authorized and executed writing by a Company officer.

21. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
22. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals

Ask them if you don't know. We would have no idea. - NM

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x

I already have...waiting for response. Thought someone might know. - NM

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cc

WOW! You agreed to that contract?? - Wish ICs would get a clue

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No way I would let a service dictate my IC contract and no way I'd have signed that one.

IC means BUSINESS OWNER.

If MTs are going to take jobs in IC status, I sure wish they'd learn to run a business and do it right.

For companies treating their ICs like employees, and I get that feeling here, your last check is generally generated during the next payroll- assuming you do not have property that belongs to the company.

I thought a company cannot provide IC equipment. - sm

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Is this company Alltype?

72 hours or 3 days in California - IC's last paycheck - Private Contractor

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dd

Desperately broke too - jj

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I hope you were working for TR because they don't honor contracts. They say they don't give contracts, but why then do you have to sign it and send it back. If I had the money, I'd take it to an attorney and see what he says. They've violated it twice in a year. They gave "us" a line rate cut and said it was across the board because of the economy. On closer questioning, everyone in the office, no one got a pay cut except the transcriptionists who make 0.10 ... I do so wish transcriptionists could unionize. Without us, none of those other people in the company would have a job.

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