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How long would you give an MTSO before you sue for nonpayment? sm - MT pockets


Posted: Apr 30, 2013

I am still owed for work done in March. She says she cannot give a definite time as to when this money will be paid to us (I am not the only one she owes). As my bank account grows smaller, so does my level of patience.

One week - my answer

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I have no patience at all.

Get the ball rolling - contact attorney - aj

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Contact an attorney ASAP, don't wait another day.

and I don't do any more work until you're paid! - aj

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don't type 1 more report until you're paid what you're owed.

Ball rolling - Nick

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Another, perhaps cheaper alternative to an attorney (our firm charges $400/hour) would be to hire a collection agency. They will take a cut of whatever they collect, but are likely to be cheaper than an attorney. Good luck! I hope you can collect.

Do you have a contract? - anon

[ In Reply To ..]
Do you have a contract that outlines pay dates, etc? If you do, then you can sue any day after the specified contract date (unless there's some kind of provision--like your pay date is the 15th, but they have up to 10 business days after to get you the check). If there's no contract, I would give 20 days from the date you sent her your invoice.

Anyway, if you haven't already, send her a certified letter stating if you don't receive payment by X date, you will file a small claims lawsuit. Then, if you don't get payment, SUE. You don't need an attorney for this, just go through small claims. Depending on the amount, a good attorney probably won't touch it anyway.

Exactly, anything under 5K is small claims - nm

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x

What company do you work for? - nm

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x

why do people keep asking - "what company do you work for?"

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If she wanted to say which one, she would have. Asking is just plain rude, in my estimation. Obviously you don't work there, so what difference does it make anyway. NOYB

Makes a big difference to know what company the OP works for because - it would help others avoid that company

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and problems this company may be having. Sort of a warning to others, so it's VERY important.

People keep asking because - zyx

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they want to know what company she works for. If I were job hunting, I would want to know, too. It's always a good idea to avoid the ripoff artists.

It actually DOES make a difference! - sm

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FIRST of all, if a company isn't paying, then EVERY MT should be able to be warned. This same company could be currently hiring and why have someone else go through the hassle of what she is going through.

SECONDLY, there are lots of MTs here who have had multiple jobs. I, myself, have worked for a couple of "slow payers" and if she happened to be talking about one that I worked for, I could say..."Oh yea, she's not very organized, she pays late, but I always got my check." That would help reassure the poster that she may get paid and while she may not choose to continue to work for a slow-paying MTSO, she could at least avoid the costs and frustration of small claims court.
these are just excuses for - being nosey
[ In Reply To ..]
I am sure she knows all the reasons you are mentioning for wanting to know, but you already have jobs and so would not be looking to be hired by them anyway. Just cannot admit your nose is looking for gossip and nothing more. You could really all care less if she gets paid or not. admit it.
Hmmm - I wonder
[ In Reply To ..]
Having a job does not ban a person from job searching, you do realize this, yes? What's really sad is that we MTs even have to deal with this non-payment issue anyway...that's it's even something we Have to Ask when researching MTSOs.

I wonder if you're not actually the person who's shafting the OP, since you're more concerned about "gossip" than the non-payment issue.
and since you are objecting - so much to my suggestion
[ In Reply To ..]
that you only want to know because you are nosy and for no other reason, like concern for someone else not being paid, then I obviously struck a nerve with you as well, and my suggestion is closer to the truth than yours is in trying to say I am the person who shafted her. ha ha. :-)
Nope - I wonder
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You didn't strike a nerve with me at all. I pity you, a smidge. At least I can sleep at night.

No more than a week. They expect you to meet TAT... - MomOfFive

[ In Reply To ..]
so you should expect to be paid on time. Things happen, but more than a week is unacceptable. I would also refuse to do any more work until you are paid what you are owed. Otherwise this MTSO will continue to use you for free.

Not that this is helpful, but this is my experience.. - sm

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When I first started in MT 15 years ago, I did work on tape that I had to pick up and drop off on floppy disc. Anyway, the lady who I was doing work for owed me about $1000, which was a ton of money to me at the time, and was always giving me excuses about the purchase order, the MD, blah, blah, blah, yet everytime I would go to pick up and drop off work, she had a new car, a new set of patio furniture, etc. The last straw was when I was picking up and saw that they were breaking ground for a pool. I picked up all my tapes, which were apparently urgent, went home and told her she would not get the work or the tapes back until I had my money. Miraculously she was able to cut me a check that afternoon. I dropped off the tapes and never spoke to her again. I know you are probably not doing tapes, but I would not type another line for them and continue to look for different work. Good luck to you!

It is that helpful! - Old Pro

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I like your style. If I were still in the biz, I would hire you in a New York minute.

Back in the 70s, I worked inhouse at an MTSO. - They had just cut my pay by - s/m

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50% by assigning me their new radiology account, which was easy, but it was lots of short little reports, with the same amount of time spent doing patient demographic input, and we had to print each report separately back then. All the other accounts were spread evenly and fairly among all the MTs, but they had given me, only, all the rad work. I went in and asked if we could at least rotate days spent on the account, and the creep that owned the company said, "Sorry. You've been assigned radiology, and you'll do it, or you're fired."

So I said, "Then I guess I'm fired, then." I went over to my computer, erased the report I'd currently been working on, and then I tore up all the reports I'd typed that day. I then erased every single rad. tape - transcribed or not, put them in the finished tape bin, and walked out the door for good.

A couple weeks later, I came back late at night during the evening shift to pick up my final check from the office manager, who'd actually been on my side about this, but had no influence over the boss/owner. She said the boss had a lot of explaining to do when it was realized that all those tapes were blank, and the doctors would have to re-read all those films. And it especially did my heart good to learn they lost the radiology account, too.

He he.... KHARMA.

MT pockets - Old Pro

[ In Reply To ..]
Tell her she has 72 hours to get a CASHIER's check into your hands. Do not accept any personal check, as it sounds like she is in financial difficulty. Tell her that if it is not in your hands, you will contact the fraud division of the attorney general in your state and her state, as well as write a formal complaint to the BBB. Then do it. Good luck. (And I surely hope you are not transcribing even one more line for her.)

Thanks for the advice. I no longer work for her. I do not know sm - MT Pockets

[ In Reply To ..]
if she will even be able to stay in business. With her continued late payments, a lot of the MTs (myself included) stopped working until they were paid, the account went out of TAT in a major way, and she lost the account. I stayed with her for several months and not one time was the pay on time, varying from a week to a month late. She made everyone sign an agreement not to post her company name on MTStars or Facebook, so I am kind of hesitant to name the company, but I certainly would hate to see any of my fellow MTs go through this. Fortunately, she does not owe me that much as I gave up believing her lies/excuses a long time ago, but even if it was 10 cents, it is mine and I am tired of waiting.

agreement - anon

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The fact that she made you sign an agreement regarding posting her company name on this forum or Facebook is odd. Maybe a big red flap. I will remember this one.

Her petty little agreement she made everyone sign, would be out the window - if it were me she owed money. nm

[ In Reply To ..]
nm

The company is OMNISCRIBE, I don't give a rats booty - about her agreement.

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If she doesn't want people coming here talking about her not paying on time....Here is the solution....PAY YOUR WORKERS ON TIME....YOU WANT THE WORK ON TIME, WE WANT THE PAY ON TIME....simple as that.

Geez - these MTSOs want fast turnaround, they - want us chained to our desks (sm)

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and they want us to log off if we so much as need to pee or blow our noses. And they have the GALL not to be able to pay on time? And even MORE gall to say they "can't give a timeline" for when you'll be paid?

My answer to that little gem, if it were told to me, would be: "Well, that's okay -- I can't give you as to when I'm going to sic the Labor Board on your sorry @$$, either."

(correction to my reply): "...can't give you a - TIMELINE as to when...." n/m

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..

employee or IC? - GBMT

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Employee - Contact the Labor Board.

IC - Refer back to the contract YOU gave your CLIENT and see what penalties you built in regarding payment.

I just have the agreement stating the amount to be paid and when - MT Pockets

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Forgot .. IC status - MT Pockets

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xx
IC status = BUSINESS OWNER - end result
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is that by not giving them YOUR contract, they get to call the shots on how you're paid and when and what penalties are put in place, or in this case not put in place. You can rest assured that the MTSO's contract with the paying client has those things addressed.


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