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

To sue or not to sue. What would you do if a company - sm

Posted: Oct 05, 2012

that hired you an an IC let you go because you did not work one day that you said you were available? I explained that an IC works when they are able and the hours I told them were the hours I MIGHT be available however they let me go. One day! Really? Anyway, just wondered if you all would sue or not.

you have no grounds to sue - UNLESS

[ In Reply To ..]
your contract states they have to give you xx notice before severing your contract.

If you didn't give them a contract, they can get rid of you for whatever reason they feel like.

And that whole schedule thing re ICs is not accurate.

So in answer to your question, not to sue.

Okay well thanks for the info. I still say it is a very - sm

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unprofessional way to perform business!!

Maybe, but it is unprofessional to say you're - me

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available to work and then not work. If you told them you couldn't work that day that is one thing, but to not work and not say anything is something different.

Unprofessional and illegal are 2 different things. - nm

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x

Did you give notice that you couldn't work that day? - Morgan

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Even as an IC, your client needs to staff accounts to meet TAT, so they have a need to know when you will be working. If people unexpectedly don't show up to work and the account gets out of TAT it risks the account, i.e. your available work.

If everyone did that, who would work and what can they count on in order to get the work done? - Be realistic.

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What is they said we "might be open today" or not?

report them to IRS - they CAN NOT hassle ICs about schedule - big IRS fines

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But they can stop sending IC work. - nm

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x

ICs - BeeBop

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The bottom line is that most of the companies hiring ICs and then making them adhere to schedules are wanting it both ways. They hire ICs to avoid paying the taxes they'd be paying for employees, but then they want the ICs to behave like employees when it comes to schedules. If they want to enforce set schedules and the dependability of work completion that goes along with it, then they are going to have to be willing to pay the taxes to get those things. I'm tired of these companies walking over ICs (and employees, too, for that matter - but they are far more abusive to ICs than employees simply because they have to answer to the Labor Department and the IRS for employees).

People don't understand what IC means! - Maggie May

[ In Reply To ..]
There is a difference between telling someone when they HAVE to work (an employee) and having an AGREEMENT as to when work needs to be done and an IC who AGREES to do it (as part of a contract). If certain hours need to be covered, it's up to the IC to agree to cover that time period and accept the contract, or not. But if they've AGREED to work certain days/hours, then they need to do that. Just because you're an IC doesn't mean you can simply sit down and work only when you feel like it. If you have given them certain days/times that you are available to work, then you will be expected to work those days/times, it's called an AGREEMENT.

Hi, BeeBop. She is gone, working outside the industry. - Thinkin you will know who I mean. nm

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x

(you don't know what you are talking about) - nm

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actually I DO -- I reported a company and got a % of the fine for doing it - - ck before you accuse

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this is funny. - nm

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nm

Would you fire you're plumber if he did not - show up? You might, you might not.

[ In Reply To ..]
Totally would be your decision though. Could he sue you for calling another plumber in his place? Nope.

I certainly would not send any more work his way in the future. - nm

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x

IC - Anonymous too

[ In Reply To ..]
I've never been able to tell an employer that I "might" be able to work. The client probably has a turnaround time that they like to have met. As a new employee, you probably didn't make a very good first impression. I've always been an employee, and employees get fired if they don't show up for work. I've never had the luxury of being able to tell my boss I "might" work.

For sure - sue - MT4now

[ In Reply To ..]
I think you should definitely sue without a doubt. Make sure you hire a good attorney too - oh but don't get upset with him if he tells you that he will be there the date of the court hearing and doesn't show up because you know - they are independent and really don't have to be there if they really don't want to be even if they tell you they are available for that day. Oh, and make sure you hire him back again for the next time you decide to sue because if you don't, he might sue you for not hiring him back again even if he was unreliable the first time. Also - if you have to hire a babysitter to watch your children for that day, and she doesn't show up - be sure you hire her back again too, after all - she is independent and even though she said she was available - if she just doesn't show up - well you should be okay with that since you "understand" the meaning of being "independent." You would hate to not hire her back and have her sue you for not having her babysit again just because she left you high and dry this ONE time. Oh yes, and if you need to hire a taxi to get to the court hearing and you are left waiting at your door because he said he was going to be available that day and didn't show up to pick you up because then he decided he was NOT going to be available that day - well you better be sure to use his taxi service again because after all......
I think you know the rest. ICs like you give all ICs a bad reputation - even the ones who do a good business and uphold their contracts. ICs like you are the reason MTSOs overhire and all the rest of the workers for that company suffer as when they overhire - the work gets spread thinner for everyone. And then to say something so flippant - to sue or not to sue.

Wow!! What a rude, condescending statement. - sm

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you have no clue.

disagree - sm

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The poster most certainly does have a clue. The OP cannot sue, and it's ridiculous that she thinks she can. IC is a style of employment. It doesn't mean you come and go as you please. Get a grip people.

Oh please! - Seriously?

[ In Reply To ..]
They had to have more reason than that to let you go and all they have to say is that your work was subpar at best. Why sue? Find another job and don't looking for a way to get out of working.

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