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Factoids on Unemployment - poodlepassion


Posted: Dec 27, 2009

Some of you may know some or all of this about unemployment from the "employer's" perspective but here goes.  I just spoke to my brother who is the CEO of his very successful business, with only a handful of employees, but he is looking on netting over 1 mil. next year (!) 

Anyway, he lives and works in California.  He told me that if someone applies for disability, the state contacts him to hear his point-of-view.  They tell him why the employee has filed, and he has a chance to refute it.  He says he always keeps a paper trail with problem employees.  Two employees in the past applied for unemployment but didn't get it.  My brother won both times on the grounds that they were consistently late for work, and that after a couple of notices that they failed to do specific things, and did not change after the notices.  He was obviously in the right to let them go because they didn't fulfill their original contracts, which they signed.  He was told by the disability office that statistically even if an employee leaves, the court usually decides on the side of the employee, not the employer.  He also told me that he pays taxes to the Disability office at a certain rate, but that rate does go up if the court sides with even one employee.  Imagine what Medquist's unemployment tax rate must be.

Just keep a paper trail, folks, good or bad. 

Does anyone out there have any original contracts with Medquist describing our obligations?  Anyone have a copy of a contract or e-mail updating our acceptance of the 40% decrease in salaries from our original ASR rate?  I can't find any, but I do remember signing something that basically says the MT must live up to all our obligations, yet they had no responsibilities toward us.

No contract for me - Dinosaur

[ In Reply To ..]
I started with the original MRC owned by the brothers. The only thing I signed was my initial application for employment and that was many, many years ago. I have not signed a contract of any kind since. MRC Group, MRC Group again then MQ inherited me. I definitely would never sign anything agreeing to a 40% reduction in pay.

When ASR was first rolled out 5 or 6 years ago, (can't remember for sure how long), but I was one of the first MTs trained on it. I remember at that time other companies were already lowering wages for their VR programs. I brought this up first thing at my training session and the instructor tried to get around the issue and not answer me, but I was like a dog with a bone and would not let up. She finally had no choice but to answer, and told us that she was aware that wages were being lowered due to VR but she was not aware of any plans for MQ to do the same.

My account was taken off ASR after 6 months because there too many headings and the hospital was very picky. I had to train on it again a little over 2 years ago, and I must say, it has not improved much from the first time I was on it.

Didn't everyone sign a contract when we were forced to become employees? - 2006

[ In Reply To ..]
I thought when they made us switch from statutory to regular employees, everyone had to sign a contract. Yes, I copied my contract and still have it.
Didn't everyone have to do this?

I was never statutory... - Dinosaur

[ In Reply To ..]
so that did not apply in my case, but if I remember correctly the statutory MTs did have to sign something to change to employee status.

question - sm

[ In Reply To ..]
Is this something you need to file for the TAA benefits? Hope not, sounds very complicated!

Sorry this was moved to Main Board, should be on MQ. - poodlepassion

[ In Reply To ..]
To answer your question, you don't have to have all this ammunition to file for TAA. I just need to feel completely prepared should I choose to leave MQ. I don't want their high-fallutin' lawyers responding to my unemployment insurance request saying I completely agreed with all their job description changes.

No document for MQ reducing ASR rate. - But a document we signed in 2005.

[ In Reply To ..]
Document stating we are an "AT-WILL" employee. Which frankly sucks because if any employee works for an AT-WILL company, the employers rules and the employees are screwed with everything. Everyone tends to side with the employer and MQ has the right to let us go whenever they want for absolutely no reason because we are AT-WILL employees. Practically the whole state of California is that way along with some other states or employers like MQ decided to go this route.

are you talking about unemployment or disability? - Amanda

[ In Reply To ..]
You switch between disability and unemployment - which one are you talking about? I am assuming you mean unemployment since you are talking about keeping records of the employees being late and the like.

Let me warn you, it is very difficult to get unemployment as a transcriptionist in any situation as you are not paid by the hour. The first counsellor I had just completely dismissd my case and yelled "Next" when I could not give her an hourly rate that I was paid. I had to go back to my car, do some figuring on lines required per day and my line rate, divide that by 8 hours and then go back in with a new hourly rate to make them happy. Be prepared to have to get creative if you file for unemployment.



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