A community of 30,000 US Transcriptionist serving Medical Transcription Industry
This is a response I sent to an for a RAD IC - sm
Posted: May 18, 2010
"You might want to consider re-wording your job posting and re-think your position as you can find yourself in serious trouble with the IRS regarding requiring an independent contractor to work a set schedule. You are wanting an employee, not an independent contractor, if that contractor has to work a set schedule and 'has to work over.' The IRS will come down pretty hard on you...especially if someone sends them a copy of your job posting. So you understand the difference between an independent contractor, the privilege an IC has is a very, very flexible schedule in how they do their work and WHEN they do their work.
Would you like me to send your ad to the IRS so they can contact you? 
"
I am sick and tired of ads like this. It is past time we stood up and spoke out. Oh, and my goodness, here is another kicker, "(yes, that 2 line chest x-ray that you have in your expander pays you a full $1)"....well gee whiz, ain't that grand....all with 10 YEARS EXPERIENCE REQUIRED! Maybe for a newbie, bless them, but not for a RAD transcriptionist with 15-20 years experience.
Should have said response to an ad... - nm
[ In Reply To ..]nm
Here is reply to email - sm
[ In Reply To ..]Her reply:
You will notice the words �set schedule� offset in quotation marks just as the words �family� and �team� are denoting a generality. Although I appreciate your sound business advice, please understand that our ad is just that�an advertisement for transcriptionists. I�m sure that the company that you own may have different business practices and verbage that you prefer and that is fine, but our company will continue to use verbage that we desire to express a desire to find the right fit for us and our transcriptionists.
And here is my reply back:
Sorry, quotation marks do not fly with the IRS. You cannot even under the pretense of "set schedule" think the IRS will wink at you. An IC determines the hours he/she works, is not bound to give you, the company, a set schedule but works a schedule that is of his/her own choosing, and that can vary from day to day.
Tell you what, let me send your posting to the IRS, and let's see what they say. Deal?
Verbiage (note spelling) in your job posting is important whether you think so or not. It appears you might even be deceiving prospective candidates. More importantly is the verbiage contained in your contract. So is that what is going to be spelled out in that contract, "set schedule." ? You will never get away with setting a "set schedule" either with the experienced IC or the IRS.
Look at it like this. You hire a contractor to paint your house. You cannot in any shape, form, or fashion tell that painting contractor when to show up, when to do the work. All you can require is that he/she finish the job within a reasonable timeframe agreed upon (remember, there are circumstances, like weather, that might halt the painting), use the color scheme you have chosen, and present you with an invoice at the price agreed upon prior to starting the job. That's it.
Many companies like you are walking a fine line, and that is because MTs have let you get away with it. I'm telling all I know to stand up against such overstepping of the law.
Your ad also states you require 10 years experience, yet you are only paying $1.00 report for plain films. I suspect, even though your ad does not say, you are paying the same for more complicated and lengthier reports like MRIs, CTs, nuclear medicine, procedures, etc.? Hire a newbie, my dear. Don't insult an experienced RAD MT.
My comments: I am not a "business" as was assumed in the reply. I am an IC. I work as a pure IC, no schedule given, just keep the backlog in check, and determine when I need to be working. The company I contract to has no problem with that because they know they cannot tell me when or how to work, but they also have no complaints because their TATs are met. Please, ICs, stand up and take it no more.
radiology ad - offended
[ In Reply To ..]I saw that ad and I was offended not only by what they said, but also the tone of the ad - she was basically yelling at us. "Don't call because it will only waste your time and mine and won't help your chances"????? Who would want to work for a company that words its ad like that??? That company obviously has a complete lack of respect for its MTs.
I saw that add also and... - Cornuts
[ In Reply To ..]I decided to do a reverse on that phone and look up the company. The phone number listed belongs to a trucking company out of Oklahoma. The fax # is nonexistent. I even went looking for that company by name and they are not listed anywhere, corporation or otherwise.
Fabulous (sm) - Long time MT
[ In Reply To ..]You are my new hero, er, heroine. I love it that you responded to their response. I hope you do send their ad to the IRS.
COULD IT BE !!!! ???? - TypoTrixi
[ In Reply To ..]It would appear to me that just maybe, just perhaps we transcriptionists are beginning to say "we aren't gonna take it anymore." WOW whata thought ! Do you just see a glimmer of hope that as a body of cast-outs - thrown into a massive pool of outsourcing that we are beginning to gather together and realize that we CAN demand better hourly rates and benefits and let's not forget "recognition" for our expertise in a very demanding field of endeavor. There is hope on the horizon - maybe we aren't all numb and tired. There are a few that believe that we can turn things around in our favor !!
Right on, right on. Give us what we REALLY want - - fair pay - and send the starfish to India, instead
[ In Reply To ..]nm
Nooooooo, I want the starfish, lol! - RubySoho
[ In Reply To ..]Hahahaha, I have starfish envy now because I'm a dork. I'll take it...and I promise I'll even protect it from my headphone-eating chihuahua!
The Acusis T-shirt might even fit the chihuahua. - no/msg
[ In Reply To ..]X
True, true, lol! - RubySoho
[ In Reply To ..]That little starfish certainly turned that trainwreck of a thread into something lighthearted and humorous yesterday, didn't it? I should e-mail the powers-that-be at Acusis and ask if they had any leftovers they'd consider selling...except they'd probably think I was taking a shot at them or something and never imagine I'm totally serious, lol!
Yeah, best to try to get a new one. Most of the used - ones probably have dog-slobber on them by now. N/
[ In Reply To ..]x
Seems like the starfish has become the "poster-child" - for your typical, useless, cheap, - s/m
[ In Reply To ..]"white elephant" type of gift. Uh, ohh, maybe I shouldn't have said that. Now I know what they're gonna send us NEXT year. A 12" high, white-colored plastic elephant.
Good for you! I have been replying to...sm - No more!
[ In Reply To ..]these illegal IC postings also. The more people who do the bigger impact we will have.
Im sure some of these job "ads" are actually - phishing schemes in disguise. So....
[ In Reply To ..]don't send anything but the most basic information to a job-offer ad. Don't send SS#, etc. I would instead put something like "available after interview/offer".
This is the outcome of the confrontation with this job poster. - OP
[ In Reply To ..]I am going to keep confronting these companies every opportunity from now on. The tone of the ad was offensive and rude in and of itself. What really got me hot to the point I blocked this person from sending me email is this comment:
âI know that I should be the bigger person and let messages like this go, but for the last 15 years or so, I have watched MTs like you destroy this industry for financial reasons. You donât give a flying flip about the patient, you only care about your paycheck and your scheduling.â
And this:
If it makes you feel big to run around spouting âtranscriptionistsâ rightsâ, knock yourself out, but understand, that is exactly what is forcing more and more MTs out of work.
And this:
It is disgruntled ICs like you that have created the problems and caused all of the outsourcing to India and the rapid transition to voice recognition. All you care about is youâ¦not the patient that is waiting for that report so they can be treated properly, not the patientâs family...
Okay, MTs, it is now OUR FAULT because we are greedy, care only about ourselves and our schedules, and we have âforcedâ companies to voice recognition.
Well, here is my last word to this screeching banshee. This makes me more determined than ever to confront those who have destroyed and will continue to destroy our profession unless we find our voices.
âYou know, I have not resorted to attacking you personally, something you have done to me in each of your notes. I have stuck to the issue at hand, your ad and your violation of Federal law if you insist on a set schedule for contractors.
You know nothing about me, but let me tell you, Sunshine, I was my husband's caretaker up to his death, the last couple of years totally bedridden. When my mother became ill, I sold my MTSO, became an IC to care for my mother up to her death a couple of years ago, opting to have the flexibility to do so.
What comes out of the mouth says a lot about one's character. From your notes, I can only surmise you are a bi*@ch. You think you are the only one who cares about their work. You are a discredit to the profession; but more importantly, you have a prima dona complex. I am thankful to be an IC. I can choose to refuse to work for someone with your shallow, self- important, puffed up attitude. You think no one but you has to balance work and family life. Tell that to all the MTs who sacrifice daily, some even more than you. Only do it when you grow up."
LOL...I never knew there were folks out there with this kind of attitude. To think that she so denigrates the MT and then has the audacity to post a job ad.
You should really start a new thread with this - So everyone sees it and it doesnt get buried
[ In Reply To ..]Just a thought because the things that "screaming banshee" says DEFINITELY need to be seen by other posters.
Question - RadMT
[ In Reply To ..]Can I ask a question? All this started because a small company posted an ad seeking contractors? And then you respoonded to that ad as a perspective job candidate? Or did you respond strictly to bash on them? How much are they paying? I called the number and got a machine that said "Count On Me Transcription and Bookeeping Service."
I sent an email as stated in the original post. - sm
[ In Reply To ..]I didn't bash anyone. If you did not see the job posting, then you would not have a basis to understand why I sent the email. My point was that the ad stated "set schedule," and I pointed out to them, as in the original post, that they were seeking an employee, not an IC. The rest of the ad was rude and demeaning to MTs. You better believe I sent the email. I am an IC, and I felt strongly that I should speak up because it is time, past time, for the IC to speak up and not be treated as an employee. If you want to work a set schedule, fine, go for it. All that will do is allow other MTSOs to get away with it, and they are getting away with it at the ICs expense.
She's paying $1.00 report for plain films. When I said I suspected that was what she was paying for MRIs, CTs, nuclear medicine and everything else in between, that was not answered. I suspect the pay is $1.00/report regardless. That is an insult to a RAD transcriptionst who has 10+++ years of experience. I get $2.50/report for MRIs and CTs and $1.50 for plain films, and thankfully I do a lot of MRIs and CTs.
When I called the number, and I called it twice last evening, I could not understand anything other than "bookkeeping service." I might have had a bad line once, but twice? They've had ample time from this morning to correct that.
May be it doesn't bother you that the company rep is the one who stated that it is we MTs who have pushed businesses to VR and to offshoring. I find that highly offensive and an attitude that belies any respect for the MT or any knowledge actually about this field.
Whoa - RadMT
[ In Reply To ..]Whoa, back up there. No need to get combative with me. I just asked a question. I thought that sort of thing was allowed.
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