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has anyone sought legal advice regarding companies that hire w/no work? - n/m

Posted: Jan 30, 2010

Legal advice - anon

[ In Reply To ..]
I have not sought legal advice. However, I did take a job where full-time work was promised. How much work is there this morning? ZERO jobs. Really discouraging when you are the breadwinner.

Legal advice - ry

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I have not talked to a lawyer either, but I am thinking about doing so seeing as though I am getting squeezed out of work,4 jobs available to me today, and there will be nothing available to me probably until late Monday p.m. if then. Ughhhhh But at this point cannot afford a lawyer, that would mean making a choice of putting food on the table or paying bills.

To ry re: legal advice - MrsS

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I am right there with you, not being able to afford a lawyer. When I was hired, I was told that the owner had to hire a lot of MTs because there was going to be so much work and more accounts coming on all the time. I have yet to see any of it. As it is, our phone bill payment is going to be late. Why do MTSOs tell you these tales when they are not true? Are they fantasizing or just what? I fell for this line of nonsense because I wanted to work for a company that does not offshore. Well, they might not offshore, but they sure do not have the work they promise, either.

To MrsS - ry

[ In Reply To ..]
I always had work and it was never an issue, get on the computer during my shift, make good money and my day ended. But now, what shift?? No work available no matter what time of day or night. I know with my company the TLs also have to produce work so I think maybe they are taking the gravy, as I am only getting certain dictators with VERY minimal work, some days none. I think they are cherry picking. I only worked 6 hours last week!!!! I guess as long as the company is making money and the admin staff that is all they care about, not keeping in mind without the MTs they would not be in business.

legal advice - please see message - Houdini

[ In Reply To ..]
Not all attorneys charge an up-front retainer and some will give a free consultation as well. Many years ago, 12 MTs filed separate law suits represented by the same attorney who was a labor law attorny against a very major national company for no work and no compensation when there was not any work. We were employee status. I found a local labor law attorney by calling around in our area that took all our lawsuits with no retainer up front. We had to teach him the MT industry (line counts, characters, etc.) so he could understand all the specifics and how to fight for us. Apparently these companies think when they have no work that they do not have to compensate your time. This is not true. Also got no where with Department of Labor. For months got standard letters monthly from them stating they were still investigating - they were not helpful. In the meantime I had to file bankruptcy. You may want to consider contacting local labor law attorneys in your area. All 12 MTs won their cases including myself. Once 1 case was won it created a domino effect and the company settled out of court because they knew they could not win and it was also too expensive to arbitrate in court. If you do not stand up to these companies, they will keep getting by with their crap; i.e., no work, overhiring, lack of compensation even though they hire under contact for full-time, part-time work, snd do not live up to their end of the contract. I had time sheets to prove I had no work. (Document everything - every time there is no work! Give the attorney something to work with.) Don't be afraid to stand up for yourselves. This was about 15 years ago, and I had the last laugh on my way to the bank to deposit a $10,000 check. The attorney did a 60/40% split for his fee, he got the 60% but it was worth it, because if I had not contacted him, I would have had nothing and 40% is better than nothing, and it pulled me out of bankrupcy. These companies cannot have it both ways, hire full time and then have no work and not compensate you for your time especially when you are under contract. It is not only unethical, it is against the law and will continue unless MTs do not challenge them legally. There are attorneys that will work with you, believe me, I am a past master at knowing.

What about a company that hires at one rate straight typing and then - announces acct going to ASR overnight?

[ In Reply To ..]
I'm looking into this.

ASR overnight - ry

[ In Reply To ..]
That is a bummer - I guess the do not give the headups because they do not want to alarm anyone or give them much to time to think about it. At one point I was thrown into VR without any training, let alone any warning, it would not have made any difference anyway. The pay obviously is quite a setback.

"Bait-and-switch". - n/msg

[ In Reply To ..]

I'd start with the Department of Labor in your state first. Link - enclosed. sm

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Even a single MT can make a difference.

thanks for info. - n/m

[ In Reply To ..]
nm

If you are an employee, you can file for unemployment - IAMT

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for any hours you work less than 40. Maybe if the companies (though will not probably phase the larger MTSOs) will start providing work as they do have to pay out of their fund and possibly stop overhiring all the time, or giving work to those making the lesser CPL. Doubt it though, but worth a try.

We all pay into this fund, ya know, and you are certainly entitled to this.

Unemployment benefits - RLee

[ In Reply To ..]
My work is pretty much dried up every day. I took a chance and applied for unemployment. Guess what - I am getting partial unemployment and my company apparently did not fight my claim. I told unemployment that I was not getting my 40 hours per week due to the fact that they were not willing to train me or put me on accounts to keep me busy and there was work in the system and they were still recruiting new MTs and work was being withheld from me. I would not bother with a TAA, but file for basic unemployment. They do not have to know the work is being sent offshhore, they only care about the fact you are not having work available. Don't open that can of worms with TAA. Hope it works for you as it did me.

Exactly. But the companies have no grounds to fight a claim and - IAMT

[ In Reply To ..]
it is your unemployment insurance fund you are pay into. What grounds could they possibly come up with if you are an MT and working maybe 15 or whatever hours of what is to be, and perhaps was, a 40 hour a week job, thus allowing you to file for the difference in those hours. Hope more MTs in this situation file.

I definitely think this is why so many MTSOs are going to IC positions. No benefits - including unemployment, but now those CPL rates are dropping too. Only GREED, GREED, GREED by the MTSOs.

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