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

Thinking about a lawsuit and I need advice - UNSURE how to proceed

Posted: Aug 02, 2010

I need advice, please, from someone. There have been many miscommunicaitons with a MTSO and none have been in my favor. I do have documentation of everything that happened. I have a close relative who is an attorney who has reviewed this infromation. He advised that, hands down, I do have a lawsuit and could certainly file a claim against this company. I am hesitant to do this. However, no phone calls and/or emails are returned from anyone in this company, and there is important information I absolutely need.

I do not wish to name this company because I am hesitant to slander but I just do not know what else to do.

Any advice from anyone?

I dont know about the suit aspect, but try "going in - the back door" for some of the info. (sm)

[ In Reply To ..]
that you need. Instead of calling and asking for your supervisor, or her manager, or the HR department manager, try to get in touch with one of the assistants. Try calling the company's operator and ask to speak to one of the HR assistants. Or benefits/payroll. I've even gotten info., such as names and or direct phone numbers, by speaking to Mail Room personnel. Other info. can sometimes be gained by not revealing yourself as an employee.

The people you're considering suing are crafty and conniving. BE CRAFTIER AND EVEN MORE CONNIVING THAN THEY ARE.

(PS!) - In order to not reveal yourself as an - - Rocky R.

[ In Reply To ..]
employee, this may involve using a different phone, because likely their system has caller-ID. When they see an employee is calling, one that they don't want to talk to, you may be limited as to which people in the company you can access. Instead, use your cellphone, or a friend's cellphone, if necessary.

Lawsuit - ALSOSICKNTIRED

[ In Reply To ..]
Go for it! I've been through so much crap, had contracts change, my rate droped after I have busted my buttock for years and now and this isn't the first time I find myself working 20+ days straight. We deserve better. I tell them I can only handle so much work and they keep shoveling it anyway. I'm so tired. My children also fluncked a year of school because I was working so much I couldn't help them study here at home and with homework. Please, for all of us -- go for it!

Being screamed at in IMs and e-mails for not being at my desk - could be used as evidence.

[ In Reply To ..]
dd

Your kids flunked school because of your job? - this is getting crazy!

[ In Reply To ..]
I think people are just making stuff up here. Is it really the job's fault your kids are flunkees!??? I think I've heard it all now! I really do!

This board amazes me at some of these posts!

Every MTSO out there is now responsible for every MT that has made wrong decisions, screwed up, and now it has even affected family members?! AMAZING!

Have any of you thought maybe this just isn't the job for you! OMG!

No I work hard/long hours because I am good at my job - ALSOSICKNTIRED

[ In Reply To ..]
My childern had a hard time in school because of a bully and the teacher wasn't doing her job! Most parents in that class had to teach at home outside of the classroom; however, since I am working 16+ hours a day that wasn't an option for me. I bust my buttock to support my family and I have that much work because I am good at what I do. But you know . . . no you don't know. Maybe you should watch what you post here. I do what I have to do, work the long hours that I do to support my kids. I'm not getting handouts or welfare. I pay taxes and a lot of them for decent teachers, which aren't available in my state as far as I am concerned. Many parents here are trying to change that. It's not just me. You should have all the facts before you blow up on here-- obviously you don't.

Do you think that maybe they flunked because you can't teach them to properly spell? - L

[ In Reply To ..]
It's FLUNKED, not fluncked. I sure hope you use spell check when you're transcribing.

Reply - See Message

[ In Reply To ..]
Why you would take the time out of your day to correct an obvious typo on a message forum only leads me to believe you have too much time on your hands and very few people to talk to.

We all know you can't leave your desk at this job. We all know that it takes more than 8 hours to make a living.

The sad fact is that people like you make this job far worse than it already it. You come the forum and post nasty reports just to put HATEFUL messages into a forum that would otherwise be a place for networking and the sharing of information.

Since the moderators allow you to do this, I can only ignore you day after day but right now, you have hit my last nerve.

Take your bad attitude and shove it where the sun don't shine. If we all knew who you actually were, you'd never work in this field again.

I understand you - mt

[ In Reply To ..]
I am very dedicated, and I am expected to have my work done by TAT. In order to do that, I end up working a lot in the evenings and night. I feel like my children have suffered a lot because of this. Their grades went way down this last year, and I feel that it is my fault. I can't give up my work because I need the money, and if I don't get the work done, someone else will. I work for a great company, and I am very appreciative for my job. I am just really trying to figure out with school starting back how to keep the kids on track. Good luck to you!!

Thanks for understanding my point. - ALSOSICKNTIRED

[ In Reply To ..]

Exactly!

You know what . . . - ALSOSICKNTIRED

[ In Reply To ..]
There is supposed to be none of this crap about typos here! I'm sorry, I am human and I have been working 16+ hours for 23 days straight now. My work --which I proof because it is medical is 100%! My children did pass; however, I think they would have gotten better grades had they not had to look at the back of my head while I work all the hours that I do! I wasn't able to help with homework as much as I would have liked. You know what exactly you can kiss and where exactly you can go. I have a perfect MT record. Been doing this for over 6 years. Every MTSO I have every worked for asked if I had a twin because I do such a D***M good job. If you have nothing nice to post here -- shut up.

I also find this outrageous. When I was young, my parents, sm - l

[ In Reply To ..]
never spent time with me or my siblings on homework. They asked if our homework was done and if not told us to do it, couldn't go out and play or do anything until we showed proof it was done. Go figure, I graduated high school on schedule and went to college.

Those were the days - mt

[ In Reply To ..]
The days also when teachers didn't expect the parents to help the children nightly with their homework. Too bad it is not like that anymore. Now, it is the parent that is terrible if the child doesn't do their work. Right or wrong, that is the way it is. You are expected to sit with your child at night, every night, to read. I have 3, and they have homework starting in kindergarten now, not to mention the projects. I'm not that old, and I did not start really having homework until 3rd grade. If you know many teachers, they can let you know how much the cirriculum has changed from when we were younger.

You never needed help with algebra or geometry? - Working MT

[ In Reply To ..]
I struggled with the advanced math classes when I was in high school and my dad helped me figure things out when it got overwhelming. We all must have done our homework or we wouldn't have landed jobs. I find it hard to believe that during your entire school career you never needed help from a parent on a tough homework assignment or special project. Even if the MT wasn't helping them with their homework, don't you think it would be nice just to have some family time without having to worry about work?

What would you ask for in your law suit? - NA

[ In Reply To ..]
Your law suit has to have a dollar value -- a claim for something someone caused you to lose that you want to "recover." A law suit has to have a reason for bringing it to life. If it's miscommunication, there has to be something of value you have to prove that you were "harmed" by this party, something they caused you to lose that impacted your life significantly and you have "damages." If you're an employee I would check with a local government agency like a "fair wage and labor commission" or such and find out if there's a mediation you could get some help with. Again, you are wasting your time and money unless this is a huge claim for money you lost or promise of a position or something like that. If it's a contract breach, that's an expensive civil suit based on the loss you suffered because of the breach. You have to really prove it though. The other thing is if you're not in the state where this company's "registered agent" is located, you will have to find an attorney in that area to represent you in that state, or you have to travel to file the papers yourself in that jurisdiction. There are so many issues in determining if your law suit would have "merit" (reasonable expectation of recovering damages) and have a real "grounds" that will pay off in the end if you go through with something like this. Please, definitely, check with an attorney who practices labor law or contract law. Your relative may not be the best judge of this. If it's slander/defamation, that's even harder and extremely expensive because again you have to prove that this other party caused you to lose something impacting your livelihood: your reputation, status, income, etc. All very expensive propositions. I wouldn't consider one thing about this until you actually checked it out an attorney who practices law relevant to the issue you're having the problem with. Frustration and anger is not sufficient reason to file a law suit (mental anguish doesn't count unless it's bound to an existing lawsuit to recover damages). It has to be based on what someone caused you harm or caused you to lose something extremely significant. If they've broken the law in a criminal regard, check with your local prosecuting attorney's office. But again, if this company is not in your geographic jurisdiction, you're again looking at contacting that geographic jurisdiction's prosecutor (unless it's a federal offense--that's different). I'm no attorney, but worked as a paralegal for years. This is just my take on your post without the details of your issue. Good luck to you.

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