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

Does this sound like an IC position to you? - SweatShop Laborer

Posted: Jan 26, 2010

The following nasty gram was sent to all independent contractors from the company owner. I'm just curious to know . . . how many ICs treated like this?

Hi everyone - I wanted to touch base with all of you immediately, as we have a very serious problem. Aside from a very few MTs who have notified us in advance that they would be out, we have many MTs who are not working their agreed upon shift and it has put us in a serious hole. If there is work in your pool for the physicians you are assigned, we need your help today AND tonight.

I want to take this time to remind you that this is a JOB and a CAREER - NOT A HOBBY! If this contract and job is your last priority, please let me know so I can replace you on the account. For those of you who have been in the MT field awhile (and as the newbies are learning), you know that MT work must be flexible - but this flexibility does not just extend your way - it must go both ways. We have a high volume now, which means we must ALL step up to the plate and meet the contract. If you can't meet your committment to the contract you agreed upon, please remember that the contract must go on with or without you, and if additional coverage is hired, it will replace your position.

If you are letting others cover you while you take some easy days or do other things, please reconsider your actions and the effect it has on your fellow MTs and the account. Remember - if you were working in an office as an MT, a "no-show" or a "come in late" would not be acceptable - the same is true when working from home. While I understand the MT workload has peaks and valleys and we must all adjust, if you agreed to check at a certain time and work on files available at that time, that is your contract - if you do not meet the contract, the contract will end.

Please do not ask us if this applies to you - This e-mail serves only to alert everyone we have a backlog and to voice the standard to which everyone on the contract will be held. If you haven't upheld the contract, please make the changes necessary to do that now if your plan is to remain on the account as a regular. If you need to change your status, please let me know. As before, anyone available, please log on and do any work you see in your pool.

I'm sorry if this sounds harsh, but please understand I see the big picture when I look at the account, and my job is to meet the contract with the client and protect the MTs who consistently maintain professional standards while working on the contract. To accomplish those things, this issue must be addressed.

Sounds like some MTs are not doing what they need to do - Do not see the problem

[ In Reply To ..]
I don't see the problem, honestly. And no, I'm not a suit, for those of you that were going to trot that one out.

This sounds very much like the MTSO has some MTs that are contractors, but who don't take their job seriously. I'm not talking about the contractor being required to work a shift, but even contractors have to commit to a certain amount of work production per day. If you say you're going to do 1500 lines that day and then you don't do anything, you've put the MTSO in a serious bind. From the way I read that document, it sounds like the MTSO has at least one or more of those types.

The MTSO wants to keep the account and keep people employed. They can't do that if they don't have people they can depend on.

They don't OWN me - Sweatshop Laborer

[ In Reply To ..]
Three parts of that company letter offended me:

- It is CAREER, not a Hobby.
- Showing up late is not acceptable.
- This goes both ways.

As if it had EVER gone my way. They did not pay my taxes, gave me no benefits, and regarded me much the same as a plantation slave working at the master's will.

I've made the decision. They can deal with the IRS, and I'm sure their employee "policy manual," is what will be the determining factor.

correct, this is a career, and even as an IC she has to keep the TAT - nm

[ In Reply To ..]
nm

IC doesn't always mean you can just work when you feel like it - deb

[ In Reply To ..]
If you agree to cover certain hours when you take the job, you need to do what you said you would. If you didn't want to work during those hours, you didn't have to agree to it. Just because you're an IC doesn't mean you don't have to stick to whatever contract you agreed to.

If MT is this total career, then why do they - want to pay us hobby chump change?

[ In Reply To ..]
They can't have it both ways. You pay cheap, you get workers who don't take the job seriously. Because it ISN'T a serious job at 6 or 7 cpl. Maybe to a 6-year-old transcribing Dr. Seuss with crayons, but not to the parents of the 6-year-old trying to support him. They want us to be at their beck and call, not moonlight, take it seriously, then let's see some serious cash and bennies. Until then, it's scarcely more than a hobby, and not a very good one, at that. I could probably make more breeding reptiles or having bake sales.

sounds reasonable to me. ats why we are hired. - NM

[ In Reply To ..]
.

You're right - this is not IC status. - anon

[ In Reply To ..]
As has been posted many times, the only MTs who should be working as an IC are those who are contracting directly with a client.

For example, one of the things both the states and Feds look at is if there is a long-term relationship - anything longer than a few weeks or maybe a few days a year. Obviously, most MTs work for longer than a few weeks for MTSOs.

Further, the analogy that has been posted several times about painters contracting with you to paint your house and you telling them what time and days to paint it is wrong. Not only is that a case where the painting contractor is contracting directly with the client, but also it is only a short-term job. Further the painting contractor is analogous to the MTSO not to the MT. Painting contractors are not able to employ painters as contractors.

Interestingly, there were some posts today about some companies not hiring you as an IC if you live in certain states. I'm wondering if some of the states are catching on now. One of the reasons the MTSOs have been able to get away with this is because they're small and pass beneath the radar. Remember not only are MTSOs not paying income tax and Social Security tax on their ICs, they are also not paying workmens comp and unemployment tax. With the economy the way it is now and states in severe budget crises, not to mention the high unemployment, I think the government (both state and Federal) are going to start looking for every source of tax collection they can.

Put it that way, it's like a subcontractor... who is independent and gets a 1099. Same thing. s - CaliDeb

[ In Reply To ..]
But the contractor will still tell the sub what time to be there. I am both an IC for a national and have my own accounts, have hired subs a couple times who almost cost me my account. I can understand both viewpoints, that from the MT and from the MTSO. But I think to stay competetive when there is work, you gotta do it best, do it quality, do it fast, and you will come out ahead... by keeping yourself working and being able to demand higher rates.

My boyfriend is a carpenter, sometimes he is the general contractor, hiring roofers, painters, etc. He expects them to show up when promised. And being the industry it is, weather may not permit work that day. That part is so much like ours. Some days you cannot predict the dictation load.

Other jobs he is the framing subcontractor. And to keep his reputation he shows up when agreed and produces on the timeline and rate he bid at. Oh, and he only hires licensed contract workers who are all 1099'd. So you are right very similar, even though I have the opposing viewpoint than yours in this debate.

Depends on the perspective - Sweatshop Laborer

[ In Reply To ..]
It does depend on where you view this thing, but when this letter was sent out my production was double the usual.

Apparently, this one forgets that being cordial will produce more results than being threatening or accusatory. Again, in her view we are not "employees," because she owns us like property. When a few of the slaves were not working she came back from a tennis match to whip us all.

Well, I'm not her whipping boy, so she needs to rethink that. In fact, since she has offended me with such unprofessional disregard, I think I'll work diligently to free all of her slaves. LOL.

Thanks ANON - Sweatshop Laborer

[ In Reply To ..]
Thanks so much for your input. I've thought this over long and hard before making a decision.

I have decided to request the ruling on my job classification from the IRS. After taking the IRS 20-question test for job classification, I'm confident I should have been classified as an employee, but was called an IC to better serve their needs and as a way for the company to avoid paying taxes.

You CAN tell a painter when you want them to paint - deb

[ In Reply To ..]
it's part of the contract. If the painter wants to paint on Sunday instead of a weekday, you can insist that they not paint on Sunday, and do not enter into a contract with them unless they agree.

If you contract with someone to fix your roof, but they can only work until 4 pm, you either agree to that or you choose another contractor.

Even if you're an IC, if you accept a contract, you are bound by its terms, and if those terms include dates/times that work needs to be done, then either keep your word and work, or don't sign the freakin' contract to begin with!

Independent Contractors have to stop being afraid to challenge - MTSOs who treat them as employees

[ In Reply To ..]

Sound like a threat to me.

If, as one of the replies suggested, some IC MTs are not taking their jobs seriously and not fulfilling their commitments, that Email should have been sent directly to them, not to everyone. Sending it to everyone implies everyone’s jobs are in jeopardy.

If management wanted everyone to work extra or “overtime” because there is a backlog, they could have just said that without threatening to terminate everyone’s employment contracts.

Not to mention, is this not the DEFINITION OF EMPLOYEE? “Remember - if you were working in an office as an MT, a "no-show" or a "come in late" would not be acceptable - the same is true when working from home.” There is no such thing as “come in late” when you are a true Independent Contractor. The only thing an Independent Contractor can be late at is not meeting a deadline. It has nothing to do with start time, only finish time.

Independent Contractors are, without question, at-will employment. They can be terminated for any reason at any time. If this MTSO is having problems, they should deal directly with the IC MTs who are not complying with their contracts, instead of trying to intimidate everyone into work extra because of a backlog.

If anyone actually does lose their job because they are “late,” I hope they take the time to report this company to the IRS.

Here is the form the IRS uses to determine if someone is an employee or an Independent Contractor. As long as someone no longer works there anyone, I am sure the other MTs still working at that company would welcome an IRS intervention, just to be sure they are not the next to be overworked and underpaid in the name of being an Independent Contractor.

Form SS-8

Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

http://www.irs.gov/pub/irs-pdf/fss8.pdf

Just reading the questions will give IC MTs a good idea of whether they are true Independent Contractors or are actually employees.

The IRS has even produced a brochure about the difference between Independent Contractors and Employees:

http://www.irs.gov/pub/irs-pdf/p1779.pdf

If management continue to threaten the IC MTs, someone might want to threaten back by sending management the above links and letting management know that if they do not back off, IRS Form SS-8 will be sent into the IRS. There is not a company in the U.S.A. who will not back down if they are threatened with an IRS Audit.

It used to be that Independent Contractors were paid considerably more than employees because Independent Contractors had to pay their own taxes and the company saved on benefits. Now, it seems like whether you are an Independent Contractor or an employee, the most any MTSO wants to pay is 0.08 cpl straight typing and 0.04 cents VR Editing. The reason the MTSOs can get away with that is because there are so many Medical Transcriptionists looking for work, they are willing to take anything they can (everyone has seen the 0.06 cpl straight typing and 0.03 cpl VR Editing job postings recently). Medical Transcriptionists are their own worst enemies. They are afraid to stand up for themselves because they are afraid they will not be able to find any work, if they do. That is not right. We should all be able to make a living wage and not let MTSOs take advantage of us by calling us Independent Contractors but requiring us to work as employees.

We (MTs) do have the power. We just have to be unafraid to wield it.

MTs should stop being so paranoid - Do not see the problem

[ In Reply To ..]
The original e mail never references overtime. They reference the contract that the MT has with the provider on a number of occasions.

This, quite frankly, has nothing to do with IC status, and everything to do with MTs not meeting their commitment. Whether you are IC status or not, you still have to meet the commitment that you have made to the person/company you are contracted with. If you're a painter, you can't just decide to not show up one day without completely alienting your customer. Same goes for the MT who is a contractor. If you decide not to show up without letting anyone know so they can plan accordingly, you need to be replaced.

This has nothing to do with meeting required shifts, etc, or whether you are considered employee status or IC status. It has everything to do with being a responsible worker. To my mind, to take it any other way just makes MTs look like a bunch of whiny babies.

Truancy and absenteeism are not accepted anywhere! #1 reason to get fired, everywhere - nm

[ In Reply To ..]
nm

right - Sweatshop Laborer

[ In Reply To ..]
Sell that rhetoric somewhere else. You'll get no sale here. Once again, as in the past, NM you are making assertions and assumptions you know nothing about.

No one was "absent," or "truant." This demand to work rant was sent by a manic company owner who was out playing tennis and when she came back her account was out of TAT, and smelled like STALE BREAD. Her mode of operation was to over react. When one contractor made a mistake, we all were dealt her abuse.

There is no excuse for bad behavior. Justify this all you like, treat your own employees like this if you wish, but see how long they stay. There really is no excuse for poor professionalism.

A plan - Sweatshop Labor

[ In Reply To ..]
Last year, I begged this same company to give me a 1099. They refused.

I asked for her Employer ID number to estimate my earnings to file taxes. She refused to give it to me.

This company owner is very arrogant and nasty, and it's past time to send a request to the IRS for a ruling on this job. After taking the IRS 20-question test for job classifications, this job is that of an employee as it met 18 of the 20 criteria. Sadly, this action will probably put her out of business, but maybe it is time for that to happen as well.

As I think it over, who would want to work for someone who regards their contractors like property they own, and whom they have no respect for?

Many e-mails I have received are this bad or worse, and frankly, that behavior is reprehensible on any level.

OMG, if you are this unhappy - YAAPD

[ In Reply To ..]
with this company, why do you stay? Why not get a job as employee? My guess is you want to work whenever you feel like it and cannot keep a job elsewhere because of this? Why would a company keep a person who will not commit to working when the work needs to be done or what they contracted to do? The e-mail stated there was a contract that is not being adhered to. I did not see anything wrong with the e-mail and do not see any wrongdoing with firing those who cannot commit to the job and who violate their contract. Good luck with the IRS, LOL.

Good info - Sweatshop Laborer

[ In Reply To ..]
I agree, MTs need to be willing to stand up for ourselves and not allow boot camp mentality to subdue us into compliance.

Thanks for the information.

All I have to say to this employer is, "I was looking for a job when I found this one, and it becomes apparent, I quit looking too soon!"

how is that a nasty gram? Sounds like some need to step up when the workload needs it. sm - CaliDeb

[ In Reply To ..]
Especially as an IC. Treat it like your own business, not like some work to do when you feel like it. Lose the account and there is no need for contractors at all, the owner can just do it, like she probably did when she first started her service.

yes, IC status - Snow Bunny

[ In Reply To ..]
An IC is responsible for completing the designated work, the "shift" itself notwithstanding. You cannot be forced to work a particular "shift" ... BUT ... if your contract states that all reports dictated up to 1 p.m. are due back by 7 p.m. the same day, then it's up to you to get the work done, even if it means working beyond your "shift."

Simplest explanation ... if you're given a list of instructions to follow then you're an employee. If you sign a contract, you're an IC. The exception is the confidentiality agreement, which might be viewed as "protection under the law."

Sounds right, but . . . - Sweatshop Laborer

[ In Reply To ..]
This job had no contract for the terms of employment.

It was expected I should show up to work on a work schedule, sit here with no work available as long as 18 hours a day, patiently waiting for perhaps six hours of work, and six hours production pay, all at their convenience.

based upon 4 words - Snow Bunny

[ In Reply To ..]
"all at their convenience" ... that makes you an employee.

If I got something like this, I would - Lin

[ In Reply To ..]
not be the least bit upset because she said do not ask if this applies to you and I would know with certainty this was talking about others. I wonder why you consider it such a nasty gram? The work needs to be done and like other said above, apparently there are people not on the job. I have seen much, much worse emails sent out than this.

"Hobby" versus "Career"? Huh? - Louise

[ In Reply To ..]
Who would write to you that it is a career not a hobby? Obviously it's not a hobby!

A hobby indeed. - Sweatshop Laborer

[ In Reply To ..]
Yeah, a hobby. That was amusing.

This is the same boss whom I called from the hospital emergency room to advise I was having emergent surgery, and six-days later after getting out of the hospital found that she had offered to fire me for "job abandonment." LOL.

She's a real sweetheart.

well, then what are you still doing there and why are you complaining? surely you - know what she is like from the first round. NM

[ In Reply To ..]
.

Who said I still work there? - Sweatshop Laborer

[ In Reply To ..]
I don't work there anymore. Who would want to?

My point was to glean information on how many other ICs in this industry are treated in a similar way.

A person is treated like they allow themselves to be - treated. Not everyone is in the same boat

[ In Reply To ..]
i have certain hours, am considered an independent, I do not care if my hours are set, I work those, the company never has an issue with me. If you donâ��t care for something, you move on. You sound spoiled to me and I am sure you found they were talking directly to you in that message. If the shoe fits....

As if - Sweatshop Laborer

[ In Reply To ..]
Spoiled? Not hardly.

Sick and tired of having a whip on my back, working for people like this. Again, companies like this should be put out of business, as eventually they are.

I actually work for another company now. Unlike working for Brun Hilda, when I come to work I actually HAVE work. I don't have to sit patiently waiting for 18 hours hoping for six hours of production work; and I don't have to do any time on the whipping post. PFFTTTT!!!

maybe you have the right to be so angry, but the email - nm

[ In Reply To ..]
you posted does not justify your anger.

pls don't hurt me but - JMO

[ In Reply To ..]
I've read this e-mail twice now and I see absolutely nothing wrong with it. To me, I see a supervisor trying to save an account so that the MTs who are doing their part will be able to keep working on that account.

As an IC, you have to let your supe know ahead of time what schedule you want and if changes need to be made to your schedule you need to let your supe know that also as soon as possible so that she can find coverage for you. All accounts have turnaround times that need to be met and it's her job to make sure there's coverage on the accounts at all times.

It's really simple, I think.

Similar Messages:

May 24, 2011

My manager said the low sound was fixed, however, I have reports coming in timed right now and the sound is still extremely low. I am on the West Coast. Anyone out here having problems still with the low sound? I can't hear the doctors! ...

Nov 15, 2014

.....dangled in front of me only to have it yanked away shortly! I am tired of not knowing from one day to the next whether there will be work or whether I will even HAVE a job!!!! Tired of chasing after work that does not exist! There MUST be SOMETHING out there for a 50+ year old person with 20+ years of medical transcription experience to be able to support themselves on, but if there is, I have not found it yet! I have said this before, and I will say it aga ...

Nov 02, 2009

Visual fields are full to confrontation. ...

Dec 30, 2009

I had my hardrive recently reformatted and I do not have any sound drivers. I don't know how to get them back. I have a Toshiba laptop Satellite. Anyone know anything about that? ...

Feb 08, 2010

The doctor is stating, "There were palpable pulses in the epigastric area." This sounds funny to me, and I have never heard her say this before. What do you think? It is pretty clear, but this doctor is a ditz at times? ...

Mar 08, 2010

At the same time, he has significant nystagmus of the lead eye and looking both to the left and right ...

Mar 29, 2010

Wouldn't it make more sense if, with our improved digital and fiberoptic technology, the reports sounded BETTER instead of worse? I guess it is more about convenience -- they can dictate in the bathroom, on the soccer field, in the locker room, checking out at the grocery store, or riding a motorcycle. . . ...

Mar 30, 2010

Someone here mentioned the sound quality at DSG. Has anyone ever addressed it there? Seems that in this day and age, sound should be perfect. I have mentioned it here and there to them, but nobody has ever gotten back to me on it. Some of dictations sound like there's a piece of sheet metal being slammed with a hammer. Not good. And with ASR, it's really a mess. Oh well, probably getting out of this business anyway. ...

Mar 30, 2010

like an idiot, but would someone kindly tell where in the h*ll to find the information on the schedule change? i have yet to find it or the swap board and CCM not returning any emails. any insight/info would be appreciated. thanking in advance. ...

Jul 18, 2010

I'm trying to troubleshoot something. Does anyone else have sound-quality issues on DSG dictations? Just curious if I should seriously have this looked at on my end. It's not all reports, but enough so that I need to look into it one way or the other. If I'm the only one, I'll hire someone to look into this. I have no problems with audio otherwise, just work-wise. ...

Oct 07, 2010

I have a question about sound cards. I have taken 3 typing tests and even accepted a position that I had to give up because the sound quality is so bad that I can't understand what they are saying. Is it possible that it is my sound card that is causing this? I have a new Dell computer purchased in July of this year. What is the best sound card to use for transcription? Appreciate any help from anyone. ...

Nov 01, 2010

The anterior segment is improving, however it is requiring the use of Restasis twice a day along with sustained balanced four times a day and GenTeal gel in the evening. Not sure if sustained balanced is correct? Thanks! ...

Nov 26, 2010

it was felt that the hemolytic event was taking was taking place systematically, accounting for the instability of the patient's hct and hgb. The "entaric/enteric but loss was probably not secondary to GI bleeding. The patient had ulcers in the stomack, duodenum. I thought it might enteric but that does not seem to fit. ...

Jan 05, 2011

The sentence I think she said is.... The right renal vein and artery were desective clear and ligated. What do you think it is??? I though maybe dissection, but that dosen't sound right. ...

Jul 25, 2011

Does anyone work for a company that has digital sound or really good sound quality because I've had 2 jobs in a row where the sound is terrible. It's miserable listening to this all day long. I think Winscribe is just a bad system. ...

Sep 07, 2011

I've done this account forever and even the guys who were always clear now sound like they are dictating through a wet paper bag, with pebbles in their mouths. Have they switched to India Bell? ...

May 31, 2012

Does anybody know if it is xcel or excel trocar. ...

Sep 13, 2012

bottom line: NYS Unemployment (or employment office, whatever) will not help me to pay to retrain into another profession (of course, I was making too much money - before taxes, before paying for health benefits, etc!) and no grants available to me (again, even on unemp I make too much money). Was considering paying for coding course myself. Down payment, so much a month thereafter for 1 year, locked in. Firstly, anyone have an informed opinion on coding as ...

Feb 22, 2013

Like to share list of sound-a-like words. Here is the link. enjoy, amanda ...

Mar 07, 2013

I should know this, but when typing out a physical exam, is it 2nd heart sound or second heart sound, or 1st heart sound or first heart sound, etc. Thanks for the help. ...

Jul 02, 2013

So far this a.m. ALL jobs I have received are of extremely poor sound quality. Muffled speech and nothing seems to help. I keep thinking the next one will get better. Keeping my fingers crossed. ...

Nov 22, 2013

Can anyone recommend a good quality sound booster to increase volume and clarity through the headset? I just want to get an idea what everyone is using. Thanks ...

Aug 25, 2014

Treadmill and it sounds like he is saying boxing - ST depression but no boxing, all upsloping ...

Sep 06, 2014

like they are making this contract so miserable that NOBODY will go with them? 0.65 cents per VBC line? What a bunch of crap!!!!! ...

Oct 13, 2009

Dr says: He did have, while after a long day of hiking at Philmont, he had decided to stretch himself out and had jumped up and was holding a bar or treetrunk with his feet off the ground, he then developed lightheadedness and a loss of consiousness. I am having brain block.. and nothing looks right. After a long day of hiking at Philmont, he had decided to stretch himself out and had jumped up, and was holding a bar or tree trunk with this feet off the ground. He then dev ...

Oct 20, 2009

He has fairly normal bulk in his tongue, but has very clear fasciculations. Direct testing of strength of his tongue is normal. Extraocular movements are full. I thought it was tone, but it sure sounds liek he says tongue ...

Dec 17, 2009

The patient (it's a child - age 16 - punched a wall) is able to fully spread his fingers to (s/l) "listen". He has a fracture of the fifth metacarpal. He also has full flexion and extension Thanks in advance. Have a great day!!! Hope your weather is warmer where you are. It's bitter here in Ohio. Yuck! :-) ...

Feb 04, 2010

This is typed exactly as said, but does not seem correct to me. Examination of her tendo Achilles on the left does show some thickening in the primarily tendinous portion for about a 3 inch length. She is mildly tender but it is markedly thickened. tia. ...

Feb 16, 2010

And if so, how do you fix it? ...

Feb 17, 2010

you must be off crazy to work for medquist ...