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Class Action Lawsuit/Toth Transcription/AP Medical/AP MedWorkshops - chelle

Posted: Feb 18, 2011

Anybody who in interested in filing a class action lawsuit against Toth Transcription/AP Medical/AP MedWorkshops please contact.

I have spoken with several different agencies as I am sure most of you have and this seems to be the best route to take. Frankly, I do not care if I personally ever see a dime out of this man, I just want to see him have to pay for his fraudulent business practices.

good thing you don't care because -- - anon

[ In Reply To ..]
class action suits only pay the lawyers. I was involved in one with the phone company - THE PHONE COMPANY - do you know how many hundreds of thousands people were involved? Point is - way larger company - way larger suit - way larger settlement than even imaginable in this current arena.

I have framed and hanging in my bathroom a settlement check in the amount of 38 CENTS.

The lawywers, on the other hand, walked with a percentage of severaal million --- each.

But if all you are after is the headache, by all means have at it. They may even have to close, er, I mean change their name.

But your experience... - ME

[ In Reply To ..]
as horrible as it was - is not the result of all class action suits.

That said, what the OP really needs to do is see if she did make a mistake signing the contract - by not understanding what she was actually signing. If you can prove fraud that's another thing. I'd start with sharing the emails with everyone from my local reps in Congress to any and all agencies who might be interested in how much fun he is having with all of this...

toth - chelle

[ In Reply To ..]
I truly just want to see him see come consequences for his actions and realize that you cannot take advantage of people the way that he does, not to mention verbally abuse and harrass your employess and former employees (as I am not working there anymore and have posted on her the 2 emails he has already sent me today).

Yes, but here's a fair question - ME

[ In Reply To ..]
As odious as his emails are - *did* you misunderstand the contract?

toth - chelle

[ In Reply To ..]
No, I did not, he bullied his way around it which I have all on record through email. After my check was more than 2 weeks late, the initial altercation occurred all via emial, and I gave my two week notice required by contract. At which time he basically told me okay but good luck getting your money cuz you will never see a dime from me.
He owes me now for 2 1/2 months worth of work.

Still unclear - ME

[ In Reply To ..]
First of all I am on your side but the fact of the matter is that *if* you signed a contract you are bound to it unless you can prove fraud/the other party breaching said contract.

So I am asking you again to check your contract - you don't have to convince. If you are going to build a case you have to honestly assess *what you signed.* Now, emails after the fact may have some bearance but only an attorney can help you there. And that's where it gets dicey - most likely you would have to put out $ for representation.

But again, if he is a cheat, maybe enough people will come forward and support you in your effort to get a 'class action' suit.

Your local congressman/woman might also be able to advise of any other recourse you might have through state/federal agencies.

toth - chelle

[ In Reply To ..]
Sorry, I did not mean to be unclear, I will be more specific as I am looking for honest feedback here.
Yes there is a contract, however, there is a few problems with it. First of all, I don't even know if it would hold up in court since techniquely it expired the first of the year, it states that the contract expires at the end of every year and a new one must be signed at the beginning of each year. I was never asked to sign a new one.
However, the bigger problem is this..... the contract requires that I give 2 weeks notice. I gave my 2 weeks notice via email to which he replied by back by email stating that he accepted my notice but not to expect to get paid.

did this situation arise after your contract expired? - anonmt

[ In Reply To ..]
I'm asking because common sense tells me as of that expiration date - you were working without a contract at all. And sadly no protection.

Once expired that contract can no longer be enforced. WHY ARE YOU GIVING 2 WEEKS NOTICE? you are now working for nothing, and yes, with no contract he CAN do whatever he wants. He is no longer under 'contract' to pay you. IT EXPIRED.

Get out while you can - and get some legal advice.

Well there is no way ... - ME

[ In Reply To ..]
There is no way I or anyone else can advise you from a forum. You must get an attorney's opinion. Only they can look at the contract and apply state/federal law and tell you how to proceed.

We can give you support, and my take is that he's a total cheat and a snark to boot - but personal opinions don't matter in court.

The contract may have expired, but that in and of itself will not tell the whole story. For relatively little $ you can get a legal opinion - so of course you'll be the judge (no pun intended) on whether you want to put more $ out or let it ride.

Just by posting your experience you have given a heads up to people who come to this site for feedback on companies. You might also try posting your complaint on that ripoff website! Maybe somebody else here has the address.

I am sure you have learned this from this experience to never sign a contract you don't clearly understand. Also, you can alter anything in a contract you don't like by crossing it out or changing it and initialing the change(s). THEN get a signed copy from the *other end* and they are bound to the changes you made.

Good luck!

toth - chelle

[ In Reply To ..]
Thank you for you support. The main reaason a posted on here was simply to let everyone no this man is still in operation and Beware because he is a scammer! And, yes I have an attorney and will be contacting her. Thank you all!

Do this.......... - sm

[ In Reply To ..]
I did this a couple of years ago and it worked for me. Well, first off I DO believe that you can file criminal charges against him if you can prove he had "intent" not to pay. Obviously he did have the intention not to pay, because there are several others on this board that claim the same thing, maybe you could get those to band together with you. If he intended not to pay you for your services, then he WAS performing a scam.

This is my advice for now though. Whatever accounts you worked for, google and find their addresses. Write each of them a letter letting them know that Toth did not pay you for your services and therefore you area asking them to pay you for the lines you produced. Attach an invoice to each of them for the amount that is due. Send a cc to Toth. Do this EVERY SINGLE DAY for at least a month. Send a cc to Toth every single time. If you irritate the account owners enough, they will start to question him and they will also see how he is scamming people. I would try to find others from this board who were ripped off to do the same. It worked for me, and it only took about five days and I was paid. The woman I worked for claimed she was paying me what she didn't feel they owed me, just because I was irritating to her, BUT I got paid and I WAS owed the money.

Good luck.

That actually happened in our work setting, as well. My husband does construction... - ndmt

[ In Reply To ..]
and had a client who hired a man to pour concrete for him. It was a pretty substantial amount, I will guess a $30,000 to $40,000 job which the client paid.

However, the man doing the work did not pay for the concrete. Therefore, the concrete company called the client and told them while they realized he had paid for the job, the law gave them recourse to go after the client for the money for the unpaid concrete.

The client verified this with a lawyer. The client then contacted the man who poured the concrete and it was taken care of immediately by that man.

You may be surprised what advice a lawyer has for you.

I can dig it. I found that sometimes you have to irritate - the heck out of creditors in order to be paid.

[ In Reply To ..]
And of course, you get the added, cathartic benefit of knowing you're ruining somebody else's day, just as yours has been so often ruined by them. It's what went around, coming back around again to bite 'em.

This could work, but... - ME

[ In Reply To ..]
She cannot file criminal charges in a civil case, and she confimed this by contacting the police. Call the FBI too - see what they say.

That said, your approach is dangerous and extreme, but it could work and IF I believed I was in the right and was willing to chance being sued in return, I'd do the same thing.

Nothing ventured, nothing gained. You have to weigh the moral outrage against the possible legal outcome of your actions. Remember opinions don't count in a court of law.

toth - chelle

[ In Reply To ..]
As much as I would love to contact the clients and let them know what is going on.... it is in my contract that if I do this he has the right to sue me. I am telling you, he IS THE MASTER OF THIS SCAM! He has found a way of going about it that he knows he can get away with. How the law can stand back and allow him to continue is beyond me.

Write a complaint here with the PA BBB! - Link inside.

[ In Reply To ..]
http://pittsburgh.bbb.org/Find-Business-Reviews/#middle-result

BBB is only for consumers, not an employees/IC. - Labor board for employees/IC but sometimes does no

[ In Reply To ..]
x

uhmmm read what they state on their site! - nm

[ In Reply To ..]
nm

toth - chelle

[ In Reply To ..]
The labor board says IC's are not considered employess so they can do nothing and referred me to BBB who said they can do nothing, who referred me to attorneys generals office who has not returned my emails.

toth - chelle

[ In Reply To ..]
Already tried that, they said they couldnt do anything for me and to call the attorney general who told me I had to sue civily, in Pennsylvania, which is convenient since I live in Illinois. That is why he only hires out of state. Hes is the master of this scam im telling ya.

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