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

I seem to be confused! - mt

Posted: Aug 16, 2011

I was hired as a PART TIME IC so could someone please explain to me how being required to work 8-5 mon-fri is part time IC?!!! I mean, I thought IC was working when you want to not set schedule and 8-5 does not seem part time to me!! Some MTSOs are incredible!!! Just wanted to vent!

IC doesn't necessarily mean no schedule - Ayn

[ In Reply To ..]
Here's the definition of Independent Contractor from Wikipedia -

**An independent contractor is a person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal and physical agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when required, during which time he or she may be subject to the Law of Agency. Independent contractors are usually paid on a freelance basis. Contractors often work through a franchise, which they themselves own, or may work through an umbrella company.**

SO, IC just means you are not a "regular" employee (i.e., no bennies and you usually pay self-employment taxes, etc.) -- your hours are whatever was agreed upon in your contract with the company that hired you. And that is rarely these days left up to the MT to just work whenever it suites her. I have not heard of too many MTSOs that hire MTs with no schedule or set hours (at least not these days, maybe in the past). They have to be able to work out TAT, etc. -- They can't realistically have MTs working 5 hours in the morning on Monday, 2 hours in the afternoon on Tuesday, 4 hours in the middle of the night Wednesday, taking off Thursday, etc.

As for 8-5 Mon-Fri, no, that is certainly not PT.

Sounds like you need to ask some questions of the company you contracted with.

Good luck to you!

Every company that I have ever worked at as an IC - mt2

[ In Reply To ..]
I have been contracted for a certain number of lines per day, never any set schedule.

Then I guess - Ayn

[ In Reply To ..]
my question to OP would be how did you get into this position without knowing exactly what you were agreeing to before you took the job? Should not come as a surpise NOW that there are set hours and that it is FT instead of PT - that should have been discussed before signing a contract/accepting the job. If it was and things are being changed on her/him after accepting the job - then those questions should be directed to the company.

My point was that IC by definition is just what it says - independent contractor. You have an independent contract with the company rather than being a regular employee that receives company benefits and for which the company pays taxes/Social Security, etc. Your "contract" with the company is whatever you and the company work out - whether it is a set schedule, a set number of lines per day, paid by line or by hour, etc. -- the contract is whatever you make it.

EXACTLY!! - Good post! nm

[ In Reply To ..]
nm

when I was hired - mt

[ In Reply To ..]
I was told that they needed someone during the hours of 9-5, I asked if they wanted a set schedule and was told no. Now almost a year later, they want a set schedule of 8-5 with me sitting at my computer waiting for work! I could maybe see if there was enough work, but why require me to sit there when there is no work!!! Especially, when I am part time, 8-5 definitely is NOT part time.

Sounds like - Ayn

[ In Reply To ..]
They are trying to change the terms of your contract then and probably know that you need the job and can't afford to argue with them on it. I hope you can negotiate with them -- point out what your contract is for, what they signed for and, I guess, what you are willing to do, if anything, to change your part of the "deal."

Best of luck -- does not sound like a fun position to be in at all.

Thats it!! - mt

[ In Reply To ..]
The contract was very vague, that is why I was sure to ask about things. I was told that because I was PT there was no set line minimum, no set hours just daytime. So when they wanted me to give them a set schedule, I questioned them about this. I was told that they are now backlogged and if I cannot work 8-5 then they will terminate my contract. First off, they should have asked me about working more, not require me to and second, if they are so backlogged why am I sitting here waiting for work! I have asked several times for more work and have never gotten any!! (my QA scores have always been 98 or above)

Re: IC definition - Old Pro

[ In Reply To ..]
The place to get the best info is from the IRS website.

Choices - Not an indentured servant

[ In Reply To ..]
Why do you CHOOSE to accept it? If you are a part time independent contractor, you should have given/negotiated a contract with the MTSO. Did you? Being an IC means you're a business owner and it's up to YOU to make choices regarding your work.

IC does NOT mean you cannot/will not work a schedule. You can only make money when there's work to be had and an MTSO can only give you work when it's available.

So go back and refer to your contract. If you've not negotiated your own contract, then ask for a meeting and let the MTSO know how many hours you are willing to work and see if the two of you can agree on actual part time hours. If you can't, be willing to lose a client (the MTSO) and go look for a new one.

That sounds like Peachtree - I worked for them as an IC

[ In Reply To ..]
I was to work 11p to 7a, and just sit there. Not only was I to sit there I was to check the system every 10 minutes! It was brutal. It sounds like they are saying either you do it or hit the road. I wish you the best. That's not a job I would wish on anyone. That's not fair to you at all.

IC versus Employee - Robin

[ In Reply To ..]
Unless you have a contract that specifies you must check back every 10 minutes when no work is available, they cannot require you to do so. Moreover, if you were an employee this would be a case in which they would be required to pay you even if there were no work available. It is called "engaged to wait" and differs from "waiting to engage."

Especially if they are not providing enough work, it may be time to apply elsewhere (e.g., Nuance), which always has plenty of work. The MTSOs want you to feel that you do not have choices. The reality is, now that they have TAT down so low, they need us more than ever. Many of us have to transcribe 5 or 6 different facilities to stay busy, and we are just fine with that.

The core issue here is this: You are an IC, but they want to treat you as an employee. Do you offer your services to other companies? If not, IRS will rule that you are not really an IC. An employee's hours can be changed at whim, without explanation. An IC sets her or his own schedule, usually in consultation with the company. The biggest down-side is that if they terminate your contract, you cannot collect unemployment. If you were an employee and had legitimate reasons you could not work more hours or could not change schedules, you MIGHT be eligible for unemployment.

TAKE BACK YOUR VOICE. Tell them what you are willing to do--and do as I did--figure out how much you earn per hour, on average, and bill the MTSO for that time if they insist that you "keep checking back." Otherwise, you are just working for free. Do you know of any business that would do that? As an IC, you are a business doing the work to earn money. There is an increasing demand for the services of MT, the MTSOs just do not want you to know that. The population is growing, the population is growing older, health care encounters are increasing, and every medical terminology course in the country (practically) is full. It takes years to produce a skilled MT.

Apply for another job, and tell that MTSO that you have joined the TAKING BACK OUR VOICE! movement. What a rip-off, finding vulnerable people to sit around waiting for work and then paying us by the line to ensure that their profit margin per unit of dictation remains the same. Let them fail to meet their TAT and lose their contracts. As long as YOU allow yourself to be bullied, only YOU can do something about this situation.

TAKE BACK YOUR VOICE!

What IC means. - Robin

[ In Reply To ..]
Being an independent contractor means that you cannot be compelled to work a particular schedule. You have the freedom to choose your hours. Many MTSOs are bullying MTs and evading their tax liabilities by pushing us into IC status, but then continuing to treat us as employees. All you have to do is ask the IRS to make a determination of whether or not you are actually an employee, under their rules. If you are an employee under their rules, they WILL compel the MTSO to reclassify you as an employee. As an IC, you have an absolute right to reject jobs, even--for example, to tell them you will not transcribe a certain provider's work. They may threaten you and say if you will not do it, someone else will. As an individual, your best ally in cases like these is to let the IRS determine whether you are being treated as an employee. Don't even bother complaining to the MTSO. After the IRS makes its determination, they will notify the MTSO. The MTSO need not know it was you who asked for the determination. If you are being "required" to work any particular schedule not of your own choosing, the IRS is likely to tell you that are not really an IC under their rules, because AUTONOMY is a defining characteristic of being an IC. JOIN THE MOVEMENT. TAKE BACK YOUR VOICE!

Robin - Nick

[ In Reply To ..]
I seem to recall that the mighty MQ used to abuse the IRS rules all the time (what a surprise) by misclassifying people. This was a long time ago before their merger, so maybe they are on to "better" things now. But I have seen all kinds of companies do this. All it takes is one call to the IRS or one letter from your tax preparer to them to turn up the heat. I know. I did it.

IC work - Old MT

[ In Reply To ..]
I work for a company as an IC. They do not mandate schedules. The ask me to set my schedule on a monthly basis; however, if work is not available during my scheduled time, I have to work when it IS available. They require a line commitment set by me for minimum total lines per pay period with a certain percentage of total lines to be completed on the weekend.

However, in other ways, they attempt to exert control. They manipulate the work queue. They regularly impose new rules and changes without discussion with the MTs. If there is a particular dictator on the account that is problematic, I don't have the choice of skipping him/her. Because of this, I think they are treating me as an employee while using the fact that I can set my own schedule as an "out" for them should the IRS ask any questions.

I'm tempted to ask the IRS to evaluate the situation and determine if I am actually an employee. However, I'm thinking that finding an employee position would be a better option, though I only want to work part-time at this point and part-time MT jobs are not that abundant. I'm thinking, if I'm going to leave this position in the near future, I SHOULD CONTACT THE IRS, to try to help future ICs who work for this MTSO.

Btw, when I worked at Nuance on 3rd shift, my work queue was empty on a regular basis.

I'm just venting/brainstorming here. Thanks for reading my post.

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