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

webmedx employee handbook - ex-Webber

Posted: Jun 28, 2010

I was recently terminated from Webmedx; unfortunately, I never downloaded the employee manual because I figured I could get to it if I needed it. I am considering filing a wrongful termination, but would like to confirm the disciplinary steps as outlined in the Webmedx handbook. Would a current or recent employee have that information and be willing to email it to me, either the entire handbook or just the section related to corrective action leading up to termination. Before I contact an attorney, I just want to make sure I have my facts straight and I don't want to waste anyone's time if there is no point. Since I was entitled to a copy until just recently (last week), I don't think this will violate any rules. Thank you very much.

Terminations - nn

[ In Reply To ..]
Not sure if it violates any rules or not, but feel like it is an act against the company.

However, did you call Human Resources and ask them for a copy of it or your ex-supervisor.

Followup - ex-Webber

[ In Reply To ..]
I have not asked HR for it, although I have left a message for someone to call me so I will do that; however, the separation is somewhat contentious and I am not sure they will provide it. I just am trying to make sure that per the employee handbook they have a stepped process for termination before I contact an attorney. I know the attorney could subpoena the document, but don't want to go that far if I am not correct in my assumption. It's not an act against a company to try to confirm information before taking action against a company. If a company wrongfully terminates someone, the law allows for remedy. If they have a stepped process and they did not perform any of the steps outlined, then that is a problem; if as an employee you do not follow the guidelines in the handbook, you will certainly have repercussions as well you should; that holds true for them on the other end. That process is an assurance for employees that you be given an opportunity to address any deficiency; they should be made to hold to their own rules. I'm just trying to determine their exact process as they have outlined it so I can determine just how far they violated it and if it is worthwhile for me to pursue it.

You are mistaken. You are not asking for confirmation sm - websta

[ In Reply To ..]
You are asking for the section from the handbook that covers the process for termination.

That is something you'll have to have an attorney get for you, but really is this job worth spending that kind of money? Just get another job.

Followup x2 - ex-Webber

[ In Reply To ..]
I am not mistaken that I know there is a stepped process involved in termination per the employee handbook and that I only need confirmation as to the order of those steps. Again, had I downloaded the document prior to termination, I would now be a non-employee in possession of that "confidential" information anyway. This is the same information to which I was still entitled until Friday when I was blindsided. Is it worth it to pursue this; for me it is principle. I do what I say I am going to do; I should be able to expect the same from one of the largest, most respected companies in the industry. I am not a whiner. I do not expect something for nothing, but I expect to be treated fairly. I am accountable for my actions and as such so are they. You may disagree, but that does not make me mistaken nor is it unreasonable for me to ask for this information.

If you are eligible to have it, just ask for it - How would we know if you have ever worked there or

[ In Reply To ..]
It shouldn't be a problem if you are eligible for and entitled to have it. None of us know who you are or what you are entitled to or if you've even ever worked for them. Just ask them for it if you're entitled to it.

could be a trap, mgmt reads here and posts, this could-sm - hmmm

[ In Reply To ..]
even be someone in mgmt wanting to see who would do it.

Why on earth would they want to do that? Hopefully they have more important work to do - Not that paranoid - at least today

[ In Reply To ..]
nm

firing process - MissyMT

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If you ignore the fact that you are likely an at-will employee, the generic process for firing someone is 2 verbals and a written warning. But I'm pretty sure they can fire you for no cause at all.

Good advice - sailor

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If there was anything happenig at all on your part that an employer can point to as cause, you may want to reconsider the attorney.

at will employment - MissyMT

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99.9% of MT services have "at will" employment agreements. They can fire you because they want to. Period. You would have a huge burden of proof to say it was a wrongful termination.

Terminations - Helen/HFM

[ In Reply To ..]
I am a current employee of Webmedx, not a manager, just a transcriptionist. I have been here for years....my second home. I have had the same STM for my entire length of employment. She has been very fair, has worked with me through my difficulties that I have had for the last 2 years off and on. If the company had wanted to use the "at will," they could have easily done so with me and a few others that I know. That is NOT their style. They value their employees. Anyone considering Webmedx should strongly do so, and I will be more than happy to answer any questions you may have with full honesty. Furthermore, if one wants any other information, ex-employee or possible new, they can go to their website, there are numbers to contact, someone will be more than willing to help them. Helen

That info is confidential and anyone who gives sm - websta

[ In Reply To ..]
you any part of the handbook could be terminated also.

And no, I'm not management, I just know it's confidential. Help the OP at your own risk.

I dont understand how that is confidential - SHE WORKED THERE

[ In Reply To ..]
Unless, of course, she never worked there and just wanted the handbook for some unknown reason.

If I were the OP, I would just contact HR and tell them you are entitled to view that section and if they will not help you, get it from the attorney. These people are useless.

I believe Webmedx is an "at will employer" like most of the sm - Snookie

[ In Reply To ..]
MTSOs. That means you can be terminated at any time for any reason, and you as an employee have the same right to leave a company at any time.

I agree with the poster below - what do you have to gain by suing and spending a bunch of money?

At Will Employment - ex-Webber

[ In Reply To ..]
You are right there are certainly "at will" legalities. However, even under at-will, an employer must perform in good faith and, if an employer has a handbook, they are required to at least make it appear that they are following the policies they have established. Failure to do so results in exception to "at will" employment law. Again, should I pursue this, it is worth it. Because I am an individual and they are a huge company should not give them the ability to trample my rights under their policies. It is principle and yes that is always worth pursuing.

It's too bad you chose to post all those details SM - wow, just wow

[ In Reply To ..]
because if they did make an error, you might have had a prayer of getting the job back if you had worked through the HR department (like maybe the director or something). You have posted enough detail to let them know who you are and wouldn't have a chance at getting the job back now.

Why didn't you at least wait a few days to post all this? I mean, if they fired you Friday, today is only Monday and it looks like you did it first thing this morning. You really didn't give them a chance to even respond to you IMO.

I agree with an earlier post - how do we know if you ever worked there or not? - nm

[ In Reply To ..]
nm

Former Employee or Not - ex-Webber

[ In Reply To ..]
Well, you have no way of knowing whether I was actually employed there, but I would hope no one would spend time posting and answering posts on this board to gather information for what???

I certainly was employed there; typed for one of the new large accounts out west, used Unicorn to check paystubs, make changes to insurance, W2, etc., used the Community page to check specs, work volumes, samples, productivity logs and keys, etc.

Just so we are clear, I was not terminated for poor work (always had higher than 99.5% on QA). I was terminated for alleged "job abandonment" which did not happen and I have the emails to prove it. Super now acknowledges that an "error" was made, but states termination is final. I never received any warnings of any kind for anything (attendance, quality, etc.) I was expecting to return to work and was not informed I was terminated until I tried to sign in and could not. My last communication with the super 6 days prior to my termination (and within 3 days of my last schedule) was that I would be back for my following weekend shift and she was fine with that. I could have spent that week looking elsewhere had I known I was not going to be allowed to return. When I asked for the exact date of termination I was told one thing. However, I then received equipment return labels in the mail dated 3 days prior to the date that super informed me I was terminated. Something is hinky. That is why I am so appalled at their behavior and am just unable to take it lying down. Maybe this would be okay with some of you, but I happen to be offended.

Company as a Whole - ex-Webber

[ In Reply To ..]
Also, I want to be sure to state that, as a whole, I think WMX is a great company, and would recommend them to anyone. Loved the work, platform as good as any I know (only been doing this for about 5 years). I was very happy there and that is why I am so upset about what has happened. This is clearly not me trying to bash them as a company. I believe the problem was at the supervisor level and her "error". I think that in her effort at CYA, I became a liability.

SO SORRY EX-WEBBER - That sucks

[ In Reply To ..]
I wish I worked there. I would give you the info.

Although, I am glad I do not work there as I would NEVER want to be treated as you just have been by an employer.

What has happened to this field?

I will be praying for you.

That makes sense. I'm sorry this happened to you and hope you get it resolved. - nm

[ In Reply To ..]
nm

Have you considered - MT

[ In Reply To ..]
I want to say that I am empathetic to your situation.

I'm wondering if you have considered sending a certified letter to someone higher up in the company than your former supervisor, explaining the facts of the situation. What would have to lose by doing so? Certainly, the information regarding company address and name of CEO are public, though I think you would already have those.

Also, if you were an employee, did you file for unemployment benefits? It sounds like you were not terminated for cause and would be entitled to such benefits. Though it may seem very painful to you right now, this situation might end up being a blessing in disguise.

I just can't imagine spending even a moment sm - another national MT

[ In Reply To ..]
pursuing something like this. I'd rather spend my time filling out apps and testing for another job. Takes plenty to offend me I guess but there is no way I'd give those people another thought. I'd keep it moving.

when you said the super acknowledged - tiredoftyping

[ In Reply To ..]
that an error was made, I don't suppose this was in an e-mail was it? and if so, did you print a copy? Anytime something like that happens you should copy all e-mails pertaining to the situation. Could be helpful in any claims for unemployment.

I think I've missed something here. Are you asking sm - confuzzled

[ In Reply To ..]
if there is a certain number of counselings or whatever for job abandonment?

That's usually a one time only infraction. A step type of counseling or warning would only be for things like quality, I would think, or maybe something like being late. I'm trying to figure out how it would work for warnings when you're not reporting to work for however many days the company says is abandoning your job.

Every company I've worked for said 3 days and you had to call your supervisor every day. Maybe Webmedx had a different way of doing it.

What do they fire for, not doing line count? Just paranoid that's all. - Thanks. nm

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No message

Can't help you, but thanks for the reminder to print out or copy - my employee manual. nm

[ In Reply To ..]
nm

Handbook As Implied Contract - ACalfornian

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*** I'm not an attorney; therefore, cannot give any legal advice. Please contact an attorney if you need any legal advice. ***

In the case of Kern v. Levolor Lorentzen Inc. (1990) 899 F2d 772, the Ninth Circuit said that "implied contract" arose in part out of the employee handbook and personnel policies and practices.

If I were you, I'd put in a request "in writing" for a copy of the entire employment file as well as the employee handbook too.

*** Once again, I'm not an attorney; therefore, cannot give any legal advice. Please contact an attorney if you need any legal advice. ***

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