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

Class Action Lawsuit? - KyraK

Posted: Apr 08, 2013

Wondering how/if all of us who work for MModal can start a class action lawsuit against them? What for you ask? Oh gee......lying to us, taking our work away from us, saying they'll pay a certain amount but really do not, bad TSMs.....etc, etc. What all those are called in legal terms, I have no idea. I am 60 years old and not close to retirement age yet.....Michigan does not allow part time UE, so what the heck am I going to do for a living for the next 2 years? :(

you cant sue for any of those reasons - lying, taking work, bad TSMs

[ In Reply To ..]
That is called LIFE.

its called fraud and you can - sue for that

[ In Reply To ..]
nm

They told you they would not lie, they told you - you would have an awesome TSM?

[ In Reply To ..]
They told you they would never take your work away?

Its only fraud if they represented those things, and then did not follow through.

If they said you would be paid $10.00 an hour and then only paid you $5, that would be fraud. If they said you would be on an American Account, would never be taken off regardless of quality, would never run out of work and there would be a surpluss of work forever, and then did not give you that, then it would be fraud.

This is an AT WILL employment. If you dont like it, you are free to leave.

NO, I dont like it, but it is what it is. You cant just make up a law suit to get what you want. Otherwise, I would have sued the gas stations a long time ago, all of them!

Response to They told you they would not lie, they told you.... - KyraK

[ In Reply To ..]
I worked for MModal 8 years ago when it was still called Medquist. I came back to MModal 3 years ago....I don't know why...anyway, when I worked there 8 years ago they promised me $10 an hour for training. They gave me 8 weeks to train. On the 3rd pay period (which was only 6 weeks) they stopped paying me $10 an hour and started paying me whatever the line count was back then - 6 cpl or something like that. Then after about 3 more pay periods, they told me I was overpaid at training, even though they told me and it was in writing, that they would pay me $10 an hour for training for 8 weeks - even after that, they told me I was overpaid and if I wanted to stay with Medquist, I would have to pay them back. Being a single person, I had no choice. I paid them back their $600 or whatever it was, and then I promptly quit and went to work as a cashier elsewhere. I came back 3 years ago and now they're basically doing the same thing. It's wrong and it's fraud.

Whaaaat??? Pay them back? Now that sounds - like a Labor Board case to me!

[ In Reply To ..]
$10/hour training pay used to be pretty common at other companies, too. But.... you're not paying them to learn, like at a school, because they are NOT a school! If you are "in training", your speed is going to be slow at first (below min. wage speed), and they pay min. wage until the new hire is ready to fly on their own.

But.... they HIRED you. They made a decision, they chose you, and regardless of whether you were a star or you stank, they can NOT take back your hourly earnings during your training period!

If it were me, and I had the records of my paycheck stubs, and my payments back to THEM, I know my state labor board would be positively SALIVATING if I went in to ask about making a claim for back wages.

Can't sue them.... - nm

[ In Reply To ..]
As stated, you cannot sue and you would only be wasting your time. Believe me when I say, they don't make a move before a lawyer looks at every move they make. You know, $200 an hour lawyers. Oh, I love how the one poster here goes right for the blame game...I used to tell people here to shut up and get a life and I can see, they are still here, trying to shove everyone around.....JEEZE, get a life.

guilty is as guilty does - your not nice is showing

[ In Reply To ..]
oopsie daisy

Fraud . . . - anon

[ In Reply To ..]
After having been a legal secretary before an MT, I would tell you to be very careful. You are treading in dangerous waters. Fraud is very hard to prove and, unfortunately, M-Modal has the money and time to drag it on should it go to court.

Just sayin.

Maybe so, but having money doesn't mean one - wont get cocky, start to feel - s/msg

[ In Reply To ..]
invincible, and then slip up big time. Crooks tend to do that, ya know. Chances are very good that they already HAVE slipped up big time, and we just don't know about it. Yet.

Lawsuit - Been done

[ In Reply To ..]
A few years ago, (Medquist) had a law suit filed against them and they lost and the MTs didn't receive a bloody thing; no back pay, as I guess MQ was ripping them off on their lines. They got some sort of bogus booby prize. First off, they have lawyers and are covered in every way possible and what would MTs have? Who could afford the legal representation you would need and who would be willing to even pay and even if you did win, so what??? They are a monster company in every sense of the word. Dust off your resume. I did and I was in my 60s when I did it as well.

Just because one lawsuit didn't have a perfect - result doesnt mean others wouldnt.

[ In Reply To ..]
Even similar cases have their own unique twists and turns, and a different judge and jury. Anything is possible.

Discrimination for treating - sm

[ In Reply To ..]
Indian workers differently with lower quality requirements, or HIPAA laws not being able to be enforced in India are the two possibilities I see. jmho

When a post like this gets a dislike, it's obvious who's here... - LOL nm

[ In Reply To ..]
x

who, PEGGY? - bwaaa haaaa haaa

[ In Reply To ..]
or PHIL?

AND, it is obvious who this is from toooooo. - none

[ In Reply To ..]
Get real...blame away, you don't hurt anyone but I am sure you are always angry with someone.

Okay, when a post is about - sm

[ In Reply To ..]
HIPAA laws not enforceable in India, it's pretty obvious it's an Indian who disliked the post. What's your problem with it?

MM says they cut costs, like our pay. - Do they with their clients?

[ In Reply To ..]
Obviously, MTs were cut 60% of their pay, yet board of directors bought new million dollar homes. So what!

My question is: Does the accounts/hospital/clinics know our pay has been cut and do the clients pay more or the same for their work?? Do some of the clients who say the work has to be done in the United States know their work is being done in India and then sent back to the United States to be corrected by MME?

Or what about Allscripts merging with MModal who by the way VD and Princess have their hands in both companies.

I am sure this company is doing something illegal since they have been known for lawsuits in the past like:

Lawsuit that was brought as a class action on behalf of current and former medical transcriptionist employees of MedQuist Inc. and MedQuist Transcription Ltd. The suite alleges that MedQuist manipulated its company systems to underpay medical transcriptionists for transcription work that was compensated on a per-line basis. Defendants deny that they did anything wrong. The parties have agreed to settle the lawsuit.

So the basics of the lawsuit. The class includes medical transcriptionists who transcribed for MedQuist from November 29, 1998 to August 11, 2008 and were paid on a per-line basis.

What you also know is that the $1.5 million settlement went to AHDI. If you weren't part of the class action, this may come as a surprise.

OR HOW ABOUT:
Medical dictation/transcription software and services vendor MedQuist Inc. will pay more than $7.5 million to settle a lawsuit filed by a client in September 2004.

Six-hospital South Broward Hospital District in Hollywood, Fla., doing business as Memorial Healthcare System, filed the suit. The delivery system alleged in its 18-count suit that hospitals were wrongfully and fraudulently overcharged for transcription services by Mount Laurel, N.J.-based MedQuist. In a proposed settlement, neither MedQuist nor individual defendants admit to wrongdoing or liability.

OR HOW ABOUT:

Medical transcription services company MedQuist Inc. has agreed to pay Kaiser Permanente $2 million to settle a lawsuit in which the health-care company alleged MedQuist inflated its costs.

I don't know about taking work away, but do you - have lots of unpaid OT owed to you?

[ In Reply To ..]
Or hours worked that you can prove, but which you didn't get paid for? Then you might have a case. I think most of us have had those things happen to us, too.

U can sue for any reason u think justified - a real answer

[ In Reply To ..]
The easiest way to find out is if a lawyer will take your case or not. Your state bar association will refer you to an attorney who handles your kind of case. Often the initial consultation is free or nominal fee. If the lawyer shows you the door, accept the fact there really is nothing you can do, and get your mind off of it. Focus on finding another job, don't let all these negative people on this board discourage you, you have skills that can be adapted to other jobs if you can't find transcribing so be creative. I'm your age and I expect to get laid off on the next round, so I am actively hunting for something else. What we need is a board, where only encouragement, and helpful advice allowed. Good luck.

U can sue for anything - sm

[ In Reply To ..]
Doesn't mean you will win...and they are doing nothing illegal, sorry...its called business and like it or not, unless they are caught cheating lines, again, or something like that, they can fire or hire at will.

When it affects nearly ALL MTs, I think it goes - a bit farther than "business is business".

[ In Reply To ..]
.

You know, that might be a route to take - shakeyourmoneymaker

[ In Reply To ..]
You might have hit on something there, create an encouraging board/website to trade job hunting tips and ideas, share sob stories, maybe not just for MTs, but geared more toward older displaced workers? Ad revenue might bring in some money.

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