You have put a lot of thought into your post - Interested MT Posted: Mar 20th, 2016 - 7:24 am In Reply to: IC MTs - tired of getting your teeth kicked in? - We cannot unionize but we CAN organize.
I would suggest, however, that other ICs who are being treated as I am being treated (employee) to do what I am doing in the interim, and that is preparing to submit the IRS SS-8 form. Every dictate that comes down from the MTSO in an e-mail is copied and pasted into a Word document. So far, I am over 50 pages. The instructions for preparing this form says that it takes a lot of time to prepare it, and that is true, it does, but the ground work for it can be done little by little until the time comes to file it. As far as a legally binding contract, what we are signing today is not legally binding in any way. The IRS would like to see a contract, but that in no way limits their investigation of employee versus IC status because they state it does not matter what a contract states, it is all about the control the business exercises over the contractor.
We all know why MTSOs are using independent contractors today in ever increasing numbers. I have been an IC for a number of years, and never until the last year or two have I ever been treated like an employee, ever. A company hires an IC based on the experience they bring to the table. We don't need to be told how to do our job, yet businesses today tell us how to do our job, when to do it, even when the extent of what we are being told to do goes against all accepted ways of doing our jobs. ICs need to understand as well that an MTSO cannot demand you work a schedule. You are not truly independent if you must adhere/commit to a schedule because then you cannot offer your services to other clients if you have to work 8 hours for one MTSO.
Until we can effectively organize, the only hope I see to rectify the situation is put the MTSO's feet to the fire by submitting SS-8. Obviously, we would lose a contract if we are still providing the services when the form submission is made (don't know how the IRS will handle that if it happens), but the form can be submitted for determination after terminating the contract. The only way we can level the playing field is for the IRS to determine our status, and if the MTSO is found to be treating ICs as employees, the MTSO will pay dearly for doing so. The only thing some of them understand is $$$. I know all MTSOs do not treat contractors as employees, but many today are doing just that and smiling all the way to the bank off the backs of hard working ICs. Our 3rd world wages today do not even justify the expense of being in this business as a subcontractor. I am going to do my part to stand up and say enough is enough. I hope others will do the same. You know it is bad when the once honorable terms "transcriptionist" and "transcribing" have now been replaced with "typist" and "typing." We get no respect any longer because we have allowed this to go on too long.
I applaud you for your reasoned and studied post. I am with you.
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