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


Contract abuse? - MTinIA


Posted: Jun 26, 2010

Hi,

 

I have a big dilemma and I need help. I have been working for the same company for 6 years now. At first I worked for a bunch of doctors and a hospital and then quit the other docs and the hospital because one of my doctors said that he did not like to share and that he wanted me to work only for him. I did not know that was illegal to do until recently being that MTs are contractors. So I have been working for this one doctor and all the nurses and interns in the office for about 5 years now and the situation has been really really bad for about 3 years. I get constant phone calls asking if I can please hurry up and do this patient and it amounts to about 4-7 phone calls a day because so and so has a procedure Monday and I get calls from the front desk girl asking if i can hurry up because this patient was just seen today and she really needs to get that auth. I get phone calls and emails from their sleep lab also asking me where Mr. so and so is from 2009 and if I have it can I please send it. Ic have been trying to quit now for a year and each time the office manager tells me "well no one understands him" (he is foreign), or "ok we will get someone else" and then they never do it or like this time, I gave a 2 week notice and the office manager said "oh he doesn't want to lose you, but he is willing to find someone else for the nurses". My quit date is supposed to be June 30th but I once again felt guilty and said that I would continue to do his work only. On Friday the office manager accused me of making the other girl quit who was helping out withthe nurses and that was it. I was mad and it's Saturday and I am still angry. I am burnt out from 6 years of abuse and I start school next month and I need out. As I was researching what is legal in terms of quitting as a contractor, I came across info that my cointract is also invalid because my brilliant office manager told me in February when I was supposed to renew, that I did not need to renew yearly as the contract does not have an expiration date. Come to find out, this can bring a whole mess of stuff from the IRS down because that would imply I am an employee rather than a contractor-however, all of the above would indicate employee status and they have been misclassifying me. This physician is getting away from the medical group and flying solo to private practice with the same office staff on July 15th. I do not want to sign another contract and the way I have been (feeling) abused makes my stomach sick. It's very hard to make myself get up to owrk, not to mention I have 3 children all under the age of 14, they are on summer, i start school next month and my husband comes home from Afghanistan in August and it's hard to prepare for all of this being chained to my desk all day. I need advice here please. How do I get out of this job?

Written notice - Happy MT Robin

[ In Reply To ..]
Whether you think the contract is still valid or not, obviously the office manager does. Go back to your contract and see what it says about the notice required to terminate the relationship. Follow that to the letter. Usually it requires 30 days written notice. I'd do up a letter tonight and date it Monday and then hand deliver it to the office on Monday. Send another copy certified/return receipt requested so you have tangible proof that it has been received. Give them the notice that the contract stipulates and no more. The main thing is you have to stand up for yourself and be adamant that when you say you're leaving on June 30 or whatever day you pick, you stick with it. If they haven't replaced you, that's not your problem.

good luck.

RE: to Happy MT Robin - MTinIA

[ In Reply To ..]
thanks :) I am in Iowa they are in Arizona. The only thing my contract states is "once signed, this contract can be terminated by either party within 90 days". since the office manager did not have me renew this year, I am well past 90 days since it has not been renewed since February of 2009. and who do I actually have to send the resignation to? the office manager or the actual company?

they are taking advantage and you are nice enough to let them ---- - anon

[ In Reply To ..]
I would send the letter to everyone, get a receipt, keep a copy of the letter and document dates, times and contents of conversations. If they call, ask permission to tape the call (works wonders), LEAVE AND DO NOT LOOK BACK.

They cannot do a thing as you have no current contract, so - what are you breaking that they can punishe your for? NOTTA. Your last check may be a problem but if they 'fork' with it, they will be wong and can be held accountable. KEEP GOOD RECORDS.

whatanass he is. good luck to you and good riddens to that place.
If I were being taken advantage of or abuse, Id just - call them up and say "I quit." nm
[ In Reply To ..]
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more questions... - MTinIA
[ In Reply To ..]
I would love to just quit and that's what I thought. Open-ended contracts are bad and I didn't even realize that all this phone calling they do for notes before the doctor is even done that day that they want ASAP and the fact that I have no days off and work 7 days a week (and even holidays) and if I try to take a day off someone calls and days "sorry to bug you but..." I had some inkling that I am not a contractor but an employee with that title because they don't want to pay benefits or pay taxes for employee status. So do I have to send another letter with a date 2 weeks from Monday even though they already have a replacement starting the 30th that they want me to "train"? or can i just finish what I have remaining from this week and not pick up anything for next week? I have nothing in my contract as to if I choose to terminate my employment and as I stated before, the contract is 1 1/2 years old.
what arrangements did you make for training? - Happy MT Robin
[ In Reply To ..]
I'm confused now. The person you're training, is that for the nurses or was that to take over for you completely?

If they were for the nurses and are not planning on taking over for you completely, then you make sure that it is clear to them that you're leaving entirely.

Personally, I'd finish what I have remaining and not pick anything else up and then make sure the caller ID was working and had every single phone number they could possibly be calling from entered into it and I'd never answer their calls again.
really? I can quit just like that? - MTinIA
[ In Reply To ..]
oh so it's perfectly legal to walk away and change my phone number? SWEET. I have no arrangements for training. they wanted me to hang around and train the same girl doing the nurses for the doctor because he's foreign and they want an easy transition.
Did you already tell them that you would hang around?sm - myka
[ In Reply To ..]
Did you tell them that you would hang around to help train or did they just want that?

I have been in the exact same position, only my situation has been going on for almost 20 years. When they decided to give me a 20% pay cut, I put it in writing that I would no longer do anything for free. I would charge so much for each "incident" I was requested to do, etc. People on this board actually recommended that. It was the best thing they could have told me. As soon as I put that in writing, I have received no more phone calls!

At any rate, if you have told them you would help train, I would do that. You never know what will happen in the future and I always try not to burn any bridges. Just something to think about.
Just quit---period !!! sm - no contract
[ In Reply To ..]
I think you're making too much of this contract business. If contract says it can be terminated at any time by either party after 90 days, then terminate the darn contract. You don't need certified or any of that. You can do it with a phone call because you have no contract. Walk away and change your phone number period. It's almost as if you don't want to quit. Just quit!! Good luck. I think someone there has been messing with your head as far as contracts--it's not a big deal.
Yes, you quit just like that. They don't own you! - MaraschinoMary
[ In Reply To ..]
What they don't understand is that slavery is and has been illegal in the United States for quite a number of years now. They used and abused you, and you are not going to take it any more.

I think a lot of us home-based MTs get caught up in the tangle of being chained to our desks. I was able to finally break away from it by finding an albeit rare site-based MT position doing medical records, and I could not be happier.

Break away MTinIA and advocate for yourself. You are far more valuable than that client realizes. You will thrive doing other things with your career and your family. Good luck to you and may God bless you!
no I promised them nothing...(more) - MTinIA
[ In Reply To ..]
I did not promise them anything. that is a good way to put it about the slavery thing. I am trying to get out because I am going back to school next month but not for MT stuff. I don't plan on getting back into this field once I get rid of these stage 5 clingers. I'm hanging up the foot pedal and the headphones.

I don't know how that happens because you become home-based and then get tangled up in these "employee or contractor" messes once they start taking advantage of you. The thing was I let them, because this particular office manager has a way of dangling your job over your head if you don't do what they want. But you guys are right, I need to strap on my Nikes and run. and none of this will matter anyway in weeks when he switches over to private practice as I do not have a contract there yet. they can use the new girl. she's a professional and knows how to type. If she leaves blanks, so be it. not my problem. I learned the hard way leaving zillions of blanks with him at first.
I am glad you found a job you are happy with. I found I am happiest planning for school next month and hanging out with my family and my desk is just plain depressing. so I've started in preparation by deleting office facebook friends and filtering email addresses. I turned in the work that I did already but since it wasn't much I won't be picky about a paycheck. I just want out is the thing and as long as I stay and try to be reasonable, they will keep trying to suck me back in.
Good luck! - sm
[ In Reply To ..]
It sounds like you are doing the best thing for you and your family. They can't force you to continue working. Stay strong and remember that in a few months this will all be a bad memory ;-)
I don't get you, you say office mgr has a way of (SM) - anon
[ In Reply To ..]
dangling the job over your year if you don't do what they want...and how does that matter now, at this point? DO it of LOSE the job?? Honey, you quit, remember?

I'm just trying to say, and take no offense, you are part of the problem here. Good luck to you and school. It will all get better once they believe you are serious.
I do understand how she feels... - MaraschinoMary
[ In Reply To ..]
The clients/some employers have a way of brainwashing MTs, controlling their lives, and it happens more often than you could imagine. I got caught up in a situation where I was helping to get an account caught up from behind 6 months behind with terrible quality. I got sick with strep throat and still stayed chained to my desk for 6 weeks, neglecting my health, etc., all for the almighty dollar and getting that account in shape. Well, it didn't take too long after that and I ended up stuck in bed sick. Then later on that year, I ended up burning out on MT bigtime. I got to the point where the idea of sitting down at my desk made me sick on my stomach. I knew something was really wrong with me when I couldn't even bear to watch health-care-related shows on TV. Now that's crazy!

No kidding, though, it is easy, very easy for home-based MTs to get sucked into having no life outside of work. This can happen even more easily if we spend non-working time on the computer, i.e., doing e-mail, facebook, message boards, gaming, etc.

It took me a long time to break the addiction to constantly checking to see if there were any jobs available, reports that had to be QA'd, etc. It just wasn't worth it.

Home-based MT is great for a lot of people, but you are right, we have to be responsible for our own mental and emotional health and to not let anyone take advantage of us. We MTs are worthwhile assets; sometimes we forget that.
oh, well now you are a walking contradiction. do you hear yourself? - let them go.
[ In Reply To ..]
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Update: I did it!!! - MTinIA
[ In Reply To ..]
I did it!! I sent certified mail to the actual company letting them know I was quitting as well as addressing the office issue. I also sent an email to the other job that is owned by the same doctor as well letting them know I quit. I changed my phone numbers and email as well. I did not pick up anymore work and walked away. Thank you to all who helped! you have been a great support!
Congratulations! Good for you. Stay strong. nm - Fellow MT
[ In Reply To ..]
Nm
I'm trying... - MTinIA
[ In Reply To ..]
I'm working on that but thank you:) it's gonna take a bit to unlearn behaviors I picked up like always having to hurry to grocery shop or hurry doing anything so I can get home and type or feeling like I should check my email or phone when I walk in the door. I'm aure this will get better wih time. I cannot believe I kept this crazy job for 6 years!!!
Im not the OP.. I was RESPONDING to the OP. - So there was no contradiction. nm
[ In Reply To ..]
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