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

letter from lawyer today -- re Transcend - sm

Posted: May 24, 2013

The letter offers me to join in a lawsuit against Transcend. Have you received one, and if so, if you plan to join the lawsuit, would you share your reasoning? Do you think one might be "blacklisted" for joining such a lawsuit? Also, I do not understand how they can sue Transcend if it is now part of Nuance?

Transcend - got letter

[ In Reply To ..]
I just got the letter today but have not had a chance to read through it yet - My first thoughts are I would like to join, but will research first - not sure if it is worth it in the end - this happened a few years back with Medquist and the only thing anybody got out of it was, I think, like a credit for the national transciption magazine or discount on their books - will think about it

Yes that is true! In fact, there were a couple - of lawsuits with Medquist.

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Still currently employed with now MModal and been with same company since 1988. First it was Medifax/Secrephone/MRCGroup/Medquist/MMmodal.

Nothing came out of the lawsuits for MTs. No blacklists, no extra money in our pockets except maybe 2 cents, and most money somehow went into the hands of corporate with deep pockets and somehow made money off of the lawsuits.

Terrible greedy world we live in.

Lawsuit - MT

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I was a member class action case against MQ and I disagree that nothing came out of it for the MTs. Monetarily I only received a token freebie from ADHI, but the company was forced to stop the abuse and the suit caused national attention to the wrongdoings in this industry. I guess everyone has to decide if they want some personal financial gain or if they want change for the greater good. The attorneys will get their share, but positive change in the industry is priceless for MTs.

The MQ settlement was a joke - Screwed

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I figured MQ ripped me off for about $30 a day every day I worked there, in the end they offered me $100 of "training" materials.

I said, "Listen I came to the job trained, so I don't need any 'training' material. You people stole cash from my paycheck how about you reimburse me the istead?

It was a big money scam for those attorneys and the bogus company that Medquist set up to pay out those $100 reimbursements, material that probably cost them all of a few bucks.

I am only aware of 1 suit - paying and billing not based on - actual lines. What were others about? nm

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x

Comparing MedQuist and Transcend lawsuits - mtmt

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Comparing the lawsuits against MedQuist to the one against Transcend is like comparing apples to oranges because the basis of each lawsuit is different.

The MedQuist lawsuits arose from, "...an alleged fraudulent scheme conceived and enacted by MedQuist and its officers and directors to manipulate line counts in transcribed reports."

Below is a link to the final court opinion in the MedQuist lawsuits.

The lawsuit against Transcend is based on claims there were violations of the Fair Labor Standards Act for minimum wage and overtime pay.

Medquist - Mandy

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The Medquist lawsuit, AKA scam, is exactly why everyone should seriously think about joining this lawsuit. These lawyers have hopefully learned from and will build upon the mistakes the lawyers in the Medquist lawsuit made and NOT REPEAT THEM.

Thoughts - Mandy

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I suggest joining if you are so inclined. It is ONE of the ways the abuses/illegalities in the industry are going to be STOPPED.

Have courage with regards to "blacklisting." Educate yourself on the available resources in the event you run into trouble and hold whomever to account should they give you trouble using those resources and your self-education.

Nuance managers are perpetrating the same abuses as the Transcend managers were and playing the same games that allow them to perpetrate those abuses. They will be held to account too.

Good luck!

I got the letter and read through it - sm

[ In Reply To ..]
under effect of joining this lawsuit:

"Those opting into this lawsuit may be required to provide information of documents, as well as possibly appear for a deposition, testify at trial or otherwise participate in the action".

What if you kept no documentation, but since we were able to put in our own hours put in less than actually worked to get a batter paycheck, thus working sometimes 60 hours a week and only claiming 40. Do you still sign up for the class action suit without anything in documentation and just hope it does not reach the point where they ask for proof?

Still sign up. The timestamps on jobs you did will tell story - of the actual time it took Sm

[ In Reply To ..]
to do those jobs. Timestamps will show how many hours you actually worked to create that line ct.

I worked for A mode and also separate hospital system - sm

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I think your referring to B mode Beyondtxt jobs correct. I had jobs with untraceable times. However, I was with Transcend since 2008. So I think time served may do me well, however, hope they settle and we do not have to have actual documentation then I am in a canoe without a paddle avoiding gaters!!!!

I really dont think you will need that kind of documentation. I - think the jobs you worked and time SM

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you were on the clock will tell the story. And I am sure, somewhere, times are very well documented. It's the lawyers job to dig that all up and if he requests records, they cannot be withheld from him.

Surely, anyone reading this may well learn to save all emails pertaining to anything you dont think is above board. Forward any such emails to your personal email. But I wouldnt think a lawyer would take a case if it could only be based on what an MT may or may not have as evidence. The MTSO has all the evidence and the lawyer can get it from them.

I got my letter tooo - me

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I got over $600 back when the MQ lawsuit finally was settled. That was years ago, but I am joining this suit also. Nothing ventured, nothing gained.

Letter from lawyer - Pauline

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I got letter today. My story is a little different. The hospital I worked for was bought out and Transcend did all their work. I was hired by Transcend, but never actually started as I decided at the last minute not to go with them and instead filed for UE. Well, Transcend turned it into the State that I live in and that threw up a red flag to my State UE Office and I was knocked out of benefits until they investigated the matter. It took about 3-4 months until they settled the matter and I did not receive anything as I could never get through to the UE Call In Center and I just gave up which was my own fault. I eventually found another job. Due to Transcend not following up on people that were actually working with them, I feel that it was their fault too by not recording the proper paperwork with the State I live and work in. It was both of our faults. I cannot join this suit as I never worked for them at all but to this day they still have my name on the hire list and that is how they got my name.

I also received the letter. Do you think - Ex Transcend

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it would be applicable to all the times there was no work available? Checking in again and again? There's no documentation on that.

There were many emails that said that only when your fingers were flying was that to be counted as working? Fingers can't fly when there was no work available.

I would tell atty everything. Things you arent sure are - relavent, things you think are probably not

[ In Reply To ..]
relavent. Only the atty knows what can be used and waht cant. Tell him everything. I dont know, but a little bit of something from you combined with a little something from 1 or 2 others, might make something the lawyer can use.

Tell atty every single thing you can think of. Send any emails or copies of IM, or ANYTHING you have. As MTs we have no idea what the atty can use. It will probably surprise us what an atty can do with seemingly unimportant info.

NWA - sm

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It seems to me that no work available while being expected to sit there and wait for work would lend to the being paid less than minimum wage, a component of the suit.

Contingency? - questionmark

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My only concern is if this lawsuit is on a contingency basis, if we lose will we be liable to pay the defense lawyers' fees?

Lawyers only get paid if they win. - nm

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****

My reason for joining lawsuit - FormerCMT

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I posted this same reply on the Nuance board, but here is my reason for joining the lawsuit: I received the letter today. I don't care if I get nothing, not even a subscription to AHDI, and don't expect to get anything. If this lawsuit exposes the blatant dishonesty of Nuance (Transcend, et al) and forces them to change their ways, costs Nuances tons of money, and/or forces them to close their doors (doubtful, I know) that will be enough for me!

Question: Are you a former Transcend employee? - SM

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Or are you a Nuance employee that was never employed by Transcend? Wondering who they are sending these to.

I was a Transcend employee. - no message

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x

Who the notice is sent to - mtmt

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The notice of right to opt-in is sent to "All Medical Language Specialists Employed by Transcend Services, Inc., At Any Time Within the Last Three Years."

Letter/Transcend - Former TS MT

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I got my letter 3 days ago. Very interesting. I am glad to see this happening, and when I worked for them it was quite obvious what they were trying to do. Even big companies who think they are above the law get taken down.

I am signing on to the lawsuit in hopes of - achieving critical mass

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I was a high producer and never had to "fudge" my time card in either direction. But especially now that I no longer work for Nuance (the snowballing cluter**** finally reached absurd proportions and I quit) I have no fear whatsoever of retaliation! Plus, I have it on very good authority that none of the original 13 who still work for Nuance have been affected any more than anyone else.

As one of the 13, who has since resigned, never retaliated against - lka

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I was one of the last ones to quit Transcend and I know that they knew that I was 1 of 13, because I stayed for several more months, so they had to know, as my name was plastered all over the lawsuit. I was to the point that I was just sick of being treated like a "nobody, nothing" by these people. I spent numerous hours on the phone with the attorneys, providing information, emails and the like, plus the deposition. The hard work has been done now and I saw everybody should sign on........ what have you got to lose. You should feel proud that you have stool up to these big corporates; I know I do!!

sorry for the typos........... - lka

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xx

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