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Advice please: How would you approach an - ICMT


Posted: Aug 19, 2014

office manager who constantly emails regarding what time I clocked in and why, when I am IC? I have a schedule, set days, set hours, and word 3rd shift, but I flex the hours and clock in anywhere from 9 p.m. to 12 p.m. I do work my full shift. I don't want to stir the pot, but want to approach her diplomatically and get her off my back.

Thanks in advance for any advice.

May get slack for this - But being an IC comes with rules

[ In Reply To ..]
I've recently gotten slack over my comments regarding what does and does not constitute being an IC.

The way I interpret the IRS language of what does and does not constitute an IC relies heavily on this one point... that if you have a set schedule where you have to clock in and out and not just required to do a set amount of lines between a certain time frame (in other words, they say you have to work 8 hours between 9 PM and 9 AM, instead of just saying, you are required to type 1500 lines between 9 PM and 9 AM), then I read that as you are an employee, not an IC.

I think that's what you're getting at anyway. So, my question is, are you working for an MTSO or are you contracting through an individual office? If it's an MTSO, then this is an even larger issue, but from the clues you've given, I'm assuming this is just an individual office. Either way, what does your contract state? If it just states the number of lines, I would politely say, "May I ask why you need my clock in and out times? As per my contract, I am required to ...." and then spell out what your contract states.

It may be that she's using some sort of software to track things, but in that case, she's apparently not using the software correctly as most employee tracking software has a tab or separate file for contractors.

This is what your manager is - communicating.

[ In Reply To ..]
Your manager is trying to tell you that your performance is not meeting her needs. In other words, she is trying to get you to do what she needs you to do before she has to stop using your services. Listen between the lines ... she is telling you that she doesn't like you. You are not meeting her needs.

I think a lot of ICs think that being an IC means they can do what they want if and when they feel like doing it. "You can't tell me what to do! I am an IC!"

However, there is even more obligation on the part of an IC to provide customer service and to meet the agreed-upon requirements of the contract.

Along with that, the client has the ability to stop using your services at will. Especially if you do not meet your half of the contract.

Your manager thinks you AGREED to start working at 9 p.m. If that is not the agreement, then you need to address the issue in a mature, business-like fashion.

You are focusing only on your side of things. You think you "only" need to do 1500 lines. Well, she may be annoyed because you are ONLY doing 1500 lines, and if you started on time at 9 instead of 3 hours late (!), maybe you could do more and meet her needs better. She also comes to work on time every day and does not grasp why you can't.

If you only want to do the minimum, and if you can't get motivated to work on time, don't be surprised to find yourself out of a job.



You shouldn't get flack for this. - anon

[ In Reply To ..]
You are correct.

To OP: Unfortunately, most MTSOs are abusing the term IC, as they are in your case. They take advantage of us by calling us Independent Contractors yet the requirements ARE THE EXACT SAME as an employee. As a result, as you can see here, there are MTs who think this is 'normal' and defend it! So now this is common.

I personally wouldn't work for any company calling you an IC but demanding you work a set schedule. I actually had been an employee for my whole career (25+ years), but after ending up at an MTSO which made me clock in and out and monitored my "active keyboard" time, I quit and took a pay cut to become an IC. It took a while, but I found a small, family-owned company hiring "true" ICs. My 'schedule' is weekday afternoons, and I usually start work anytime between 2 and 6 pm. It is SO nice, less stressful, and I love being an MT again. The only benefit of an IC is the flexibility, so your present company is wrong in demanding you to clock in on a strict schedule but, sadly, not unusual. If you agreed to a set schedule and hours, then in your supervisor' eyes you are not working your assigned shift by starting late.

Perhaps you are working someone else's shift? - TAT = Time documents

[ In Reply To ..]
This job isn't a lemonade stand. We are scheduled on shifts so we have ample work. If you are working on another person's shift, you are STEALING from them.


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