A community of 30,000 US Transcriptionist serving Medical Transcription Industry
IC position specifying shift work - Mamamtx3
Posted: Oct 08, 2013
Hey all. I just posted for a job that advertised as IC, but in the posting had a statement that 2nd or 3rd shift work only. It seems like a job that I would really like, but it just gets so under my skin when they don't follow the rules for IC...so I sent this.
"I am very interested in the position that I saw on MTStas.com for the IC Medical Transcriptionist. You can see from my resume the details of my experience and education. I just have a question about the opening. Independent Contractor work is generally contracted as a minimum number of lines per day or per week, with no shift or time indicated. This is because the employer can run into some difficulties with the IRS if they are shift work. The IRS position on independent contractors is that if a shift is scheduled for an individual than that person is to be considered an employee of the company and would need to have their pay taxed by the company and reported to the IRS, and benefits offered to that employee such as worker's compensation. At the end of the year a W-4 would be sent to the employee. Whereas if the position is an independent contractor, and no shift is specified, just a minimum number of lines or some like arrangements, then the employee (or client as it is termed by independent contractors) need only send a 1099-MISC indicating how much they paid the independent contractor for the year, and is not responsible for the taxes or benefits of the IC. I was just concerned that if you are hiring independent contractors for specific shifts that you may have a problem with the IRS in the classification of those who work for you."
Do you think I'll get the job.... LOL... I just get so mad when there does not seem to be one company out there that understands what the difference is between IC and employee... or if they do, they try to squeek past the rules.
Just a vent, you all are the only people who would understand how frustrating this is and I had to get it off my chest.. I feel much better now, thank you ...LOL
IC - Me too
[ In Reply To ..]This really irks me too. They're wanting the best of both worlds. They don't have to pay benefits and they still get to keep their schedules. Greedy, greedy, greedy.
You may be right but... - just saying
[ In Reply To ..]If you hire a plumber, for example, also an IC, do you not get to say what hours (shift) he can do the work? Then you only have plumbers applying (accepting) the work if they agree to be available when you give them access to the "job."
My point being that it seems they can say they have IC work available - just during a certain time of the day.
and no, I don't think you'll get the job :)
I get what you are saying - Mamamtx3
[ In Reply To ..]I guess I can understand that they want to make sure their hours are covered, but it still makes me crazy, Hey I'm an MT doesn't that mean I am on the edge of crazy all the time anyway..
and yeah I was pretty sure I would not get the job, but it felt really good to vent... have an awesome day
I don't think...SM - Old Anon
[ In Reply To ..]the MT industry is really cut out to use ICs because of their coverage and TAT needs, but they try to use them anyway. In most cases MT ICs are really misclassified and are really employees. If people think they are misclassified as ICs but are really employees, they should report them to the IRS. Maybe if that happens too many times to some of these MTSOs, they might learn their lesson.
except you are wrong - but whatev
[ In Reply To ..]You can be a contractor and given a "shift" or hours that you are needed. There's nothing illegal. It doesn't mean you aren't a contractor.
So while you might feel better, you can also feel wrong.
You can be told when work is available - sm
[ In Reply To ..]but it's up to the IC to decide from day to day whether they want to do or accept the responsibility for that workload. It doesn't work both ways. If an MTSO "needs" or "must have" coverage during certain hours of the day, then they should be hiring employees and not ICs.
You should probably read up on it more and make sure you're not being taken advantage of since it seems you may be a bit confused on the difference between employee (control) or IC (using my own PC, my own money to run it, and paying my own taxes).
There is a difference between being given a shift - Mamamtx3
[ In Reply To ..]and being told what hours the work will be available. It is most certainly illegal for a company to assign a shift to an IC. As an IC the company that I contract work from is my client and should not and does not have the right to tell me when to work. I agree that they can specify a certain amount of work that they are contracting you to do, but they cannot tell you when to do it as long as you are meeting the turn around times and line counts that are specified in the contract that you sign with them when you start working together.
LOL - SM
[ In Reply To ..]To the person who told me to research it, I did, believe me. I'm married to a labor attorney. I work as a contractor. Having someone tell me what shift they have work available and me accepting that shift does not negate the IC contract.
All of you who THINK you know what you're talking about just look foolish when you choose to spout off so vehemently.
There are contractors all over this country who abide by the hours set forth in their contract. The company reading the reprimand sent must be laughing their butt off.
For the umpteen-hundredth time- working a schedule does NOT make you an employee.
Yikes why so hostile...nobody was attacking you - you need to chill out
[ In Reply To ..].
Glad to see I'm not the only one who understands. NM - Maggie May
[ In Reply To ..]x
IC question - Confused
[ In Reply To ..]I recently saw an ad for an MT position that specified it was IC only, then went on to dictate not only the pay and the hours, but that the MT MUST provide her own computer and all her own supplies/equipment, but must also commute to and do the work on the HIRER'S PREMISES. Now how can they get away with that being IC? Nowhere in that agreement does the MT have any autonomy whatsoever, other than to choose and pay for their own equipment.
No, you are incorrect - I know
[ In Reply To ..]Call the IRS and find out directly from them. Have you actually TALKED to someone from the IRS to get your information (but whatever?). I have turned transcription companies into the IRS before, and that requires a phone conversation with someone from the IRS. Then the IRS contacts the transcription company and the rest is history. Again, I ask you, " but whatever" does your info come from talking to an IRS employee?
shifts as an IC - whatwsthat
[ In Reply To ..]There are MANY criterion that make up the definition of an independent contractor. Having a 'schedule' in and of itself is NOT the definition of an employee.
GOOD FOR YOU!!! - sm
[ In Reply To ..]I am sooooo tired of these companies thinking they can DEMAND you work certain hours without making you an employee.
As an IC, you are a business owner. You do have to pay your own taxes, and yes, you are allowed to accept or not accept work on any given day at any given time.
Too bad these companies aren't turned in faster than they can place an ad. I really think the IRS could rake in some dough and so could us ICs who are being TAKEN ADVANTAGE of in this industry.
I just came from a situation where someone wanted me available 24/7 plus a shift. Well, needless to say, as soon as I mentioned IRS, that person didn't want to deal with me any longer, blocked me from e-mail, and we split ways.
Their loss. My gain. I will not ever work a set shift as an IC. EVER!!!!!
Good for you for sending that e-mail. Needs to be sent to every single MTSO out there demanding shifts from ICs. I honestly don't know how they sleep at night.
let me guess. this is United Transcription? - n/m
[ In Reply To ..]x
Nope Avanti - Mamamtx3
[ In Reply To ..].
AssistMed also hires IC but then wants a designated shift... - WantTheirCake
[ In Reply To ..]x
It's like they want their cake and to eat it too! - unfairpractices
[ In Reply To ..]* Provide no equipment (only the platform)
* Provide no overtime pay
* Provide no holiday pay
* Provide no vacation pay
* Provide no sick pay
* Offer low pay, not better than employee situation
* Takes out no taxes
* Offers no unemployment insurance
* Requires a set shift! And, I know of a couple of companies that will let the IC go if they don't work that specified shift.
So, exactly how is this better than being an employee? It seems everything is in their favor while the MT grovels for a meager paycheck that barely skirts minimum wage.
It basically is the cheapest way they can go to stay in business, but the MT gets less and less and less...
sounds like United - n/m
[ In Reply To ..]x
shift request in job ad - whatwsthat
[ In Reply To ..]*Hiring immediately full time IC positions in acute care documentation for 2nd and 3rd shifts – unsupervised –working 5-6 days a week.*
This is NOT a bait and switch where you are hired for one shift and then given another after hiring. Don't know how this gets interpreted as 'forcing you' to work a certain shift as an IC.
For those MTs interested in 2nd and 3rd shifts there are immediate openings. You don't want to work those shifts, don't apply.
Am I missing the complaint here?
not at all - typical
[ In Reply To ..]MT (don’t)know it all.
Where is the - common sense?
[ In Reply To ..]Of course they specify shifts. They need people to cover work for certain hours. Being an IC doesn't mean you get to work whenever you please, if you feel like it. MTSOs have to have a clue of if they have coverage. If you accept a position for X shift, then that's when you need to work. Just like you don't get to call tomorrow morning and say, "Oh, gee, thought I'd take a 4-week vacation to Bora Bora. I'm leaving now. See you when I get back." It's common sense, common courtesy.
If all ICs had that mindset, who could blame companies for overhiring (and then we'd have to listen to you kvetch about no work).
Dependability, people. Pretty basic. If you don't want to have to make a commitment, don't apply (and good luck waiting for that job that will let you work whenever you want, if you're in the mood, and will have work available for you). If you think having to adhere to a schedule makes you an employee, by all means, please apply to the companies that offer employee status.
Disclaimer: I'm an IC. I work a set schedule, one that I defined and committed to. I totally understand that the MTSO wants me to be where I say I'll be, when I say I'll be there. I take however much time off I want, *after* I request it because, really, if everyone took off the week between Christmas and New Years, clients would be up a creek. The bottom line is *still* keeping the client happy and work within TAT.
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