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

question about 2 clauses in IC contract - ggmy

Posted: Mar 09, 2010

I'm new with only a few months of MT experience under my belt. Was offered a job with a company in Canada which I've heard nothing about. However, their contract has 2 clauses I'm concerned about and would like your opinion on:

1. They will only pay for reports that meet their "accuracy and completeness requirements", and they wouldn't give me those requirements until I signed the contract.

2. Failure to meet a deadline for any reason means they will "withhold any payments owed" to the IC. When I asked about this, I was only told there were no line quotas.

I'm a newbie, so I am worried about #1. But #2 sounds patently illegal to me. Any thoughts?

sounds like company is not being up front. see message - willworkforfood

[ In Reply To ..]
Number one-what is their problem with not telling you up front EXACTLY what is expected of you in quality? On the otherhand - who wouldn't follow their specifications? Question is, HOW SPELLED OUT are the requirements? I not clear - could this be a loophole for them to not pay whenever their panties are in a bunch?

Number two - line quota has nothing to do with deadlines - right there they are snowblowing. deadlines to me is turnaround time and yeah, poop happends and that slips now and then - unforeseen circumstance, when they need you most and you work extra fast, extra hours - they can renig pay?

a tad overprotective in ther favor for me.

nonpayment clause - NotNewMT

[ In Reply To ..]
I would not sign any contract without seeing ALL the pertinent information first. If payment is contingent on "accuracy and completeness requirements", then these items had better be spelled out clearly.

IMO, run from this one.

Yes, I have signed contracts as an IC that had some sections that were debatable, but only after checking with current contractors that no one had ever been burned by the contract.

One item to be very careful about is the ability to walk away from a contract without penalty. Any work you provide, you should be paid for. There should NEVER be any money held because you chose to end a working relationship. If you ever possess equipment from a company, keep it until you get your last paycheck. Use whatever you can as insurance of collecting that last paycheck.

Keep looking for a company that you have heard of or one that other MTs can tell you are reliable. You should be able to ask a perspective employer to have a few of their contractors contact you if you would like to speak to/e-mail any of them about questions.

Go with your gut. If anything seems off or suspicious, it's probably a good idea to keep looking or consider other options.

Good luck to you.

also - NotNewMT

[ In Reply To ..]
I have gone through contracts section by section and with a company representative's approval actually crossed off sections (then initialed and dated). In other words, we negotiated some of the items in the contract. That should be acceptable to a company if you are a "contractor."

thank you -- sm - ggmy

[ In Reply To ..]
Thanks for your input, it is very much appreciated. I think I'm just going to pass on this one Maybe when I've had more IC experience before I'll negotiate, right now I'm just too unsure.

Partly disagree - NEVER refuse to return equipment - smokethis

[ In Reply To ..]
If you do you ARE giving them LEGAL REASONS to withhold pay.

Instead you should avoid at all costs using THEIR equipment.

Using their equipment AND signing a contract which COULD dock you? You are asking to be burned if you proceed.

Change the contract - Ima MT

[ In Reply To ..]
You're being hired as an independent contractor. This means the contract, technically, should be generated by YOU or at the very least, you agree to ALL terms.

So I would cross out both of these items and write underneath: MT will be paid for all characters produced.

They may argue, but then you have a choice. Stick to your guns, or set yourself up to be unpaid.

They are basically saying we are scam artists - smokethis

[ In Reply To ..]
If you sign ANY contract which gives them the power to dock you, you are making a HUGE mistake.

WHATEVER they tell you verbally means nothing if the contract states otherwise.

I would pass on this in a new york minute.

THEY sound like scammers, not any MTs. - Far too many loopholes & variables. nm

[ In Reply To ..]
.

were you responding to my post? - smokethis

[ In Reply To ..]
Because if so there was NO question who I was saying were the scam artists.

I was agreeing with you! Just didnt say it very well. - U R right! Sorry! - FumbleFingers

[ In Reply To ..]
.

LOL! no worries, no msg - smokethis

[ In Reply To ..]
.

ggmy and contract - Old MTSO

[ In Reply To ..]
This is a prime example of why ALL contacts should be reviewed by a lawyer before signing. I don't care if you are buying a three million dollar home or signing your first MT services contract. So many newbies wail "I can't afford a lawyer." With the way people do business these days, you can't NOT afford to have this reviewed by legal counsel. (Were I offered such a contract I would tell them where to stuff it.)

That sounds creepy. I would run. Especially if they - wont give you the specifics. nm- Zircon

[ In Reply To ..]

Sounds like the Teletrak contract. Better take a GOOD...sm - Sounds familiar

[ In Reply To ..]
look at their contract. There are more things in there to the negative than one sees initially! Reason I said in a resounding voice, "Thanks but NO THANKS!"

WHEN I QUESTIONED their contract - justsayin

[ In Reply To ..]
They would only respond verbally.

If it ain't in writing you have NO legal standing.

As far as I am concerned it is a devious transparent way for them to delay payment or even try to get services they don't pay for.

READ THEIR CONTRACT CAREFULLY!

Whoa, not up front, I would never go with that company - .

[ In Reply To ..]
If they will not tell you the rules until you SIGN, baloney. Looking for an excuse to not pay MTs sounds like to be, If can say the IFs, ANDs and BUTs no way no way

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