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

If I'm an IC, can a company "require" me to work on the weekends? - anon

Posted: Jan 04, 2011

I don't think that is IC status is it?

LEGALLY, that is. - OP

[ In Reply To ..]
I mean can they legally require it and still claim that I work IC for them

not supposed to, but these companies do whatever - they want...

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We are supposed to give them our schedule and they can accept it or not.

Here is the thing, if you refuse to work on weekends, they will find someone who will, so what are you going to do about it? Nothing...

And the world keeps turning.

No. But if you are not working the hours they need, they dont - have to allow you access to jobs, either. nm

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x

What IC status is - mtx

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You need your house painted before a huge party. You hire someone to paint it. He tells you he will paint it the night before the party. You tell him that won't work for you, you have a deadline and you need him to paint on Tuesday, Wednesday, and THursday. HE AGREES. He's still an IC.

When you accepted your position with whatever company you are working for, you AGREED to the terms of the negotiation. I'm going to assume you did not give them YOUR contract in which it stated you did not do weekends, right? And you likely did not include in YOUR contract your rate of pay, billing cycle, terms of termination, etc.

Just because someone says work Sunday-Thursday 3-11, that doesn't make you NOT an IC because you're agreeing to the client's terms of completion. But that contract negotiation should happen when you take on THE CLIENT (MTSO) and not once you're knee deep in and wondering now what's up.

Just having you work a schedule does not violate the IRS rules of independent contractor (you can find these rules on the IRS site).

whatever, companies do that all the time - changeAroo

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I worked for a company (supposedly IC) and agreed to a weekday schedule. Then they lost that account. I got a new account, but had to work weekends (no new contract)and reduced pay.

These companies get around it and state they hire IC status only to get out of paying their share of the taxes and unemployment.

The specific company I worked for provided me the contract and provided me the invoice to submit every week.

NOT IC AT ALL!

No, you didnt HAVE to work weekends at reduced rate. You CHOSE - to do that. You could have walked SM

[ In Reply To ..]
away but since you didnt and continued working, that is the same as agreeing to the new terms.

like I said... CHANGEAROO - they do what they want

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and when the work runs out, or they lose an account, no unemployment because "you are an IC."

And you did what you want. You could have done - CHANGEROO, too, & not accepted change. nm

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x

Well, then, don't do it! - SM

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Don't accept IC employment that isn't really IC. Nobody is forcing you to do that. I wouldn't give up my employment rights to be an IC in name only. Don't let them get away with it, or they will!

I did leave - ease up on me

[ In Reply To ..]
I did leave, and why are you all being so harsh on me?

I am not the one that advertised IC status to get around paying taxes and unemployment, and then hire someone on at a line rate equivalent to being IC, and then change their pay and schedule!

All I said to the OP was that companies do it all the time and there is nothing you can do.

I think it is horrible that companies are allowed to do that to begin with!

It's the usual group of blamers, I suspect - sm

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Every time this subject comes up, there's always a few people who insist that MTSOs have nothing to answer for, are not to blame for anything, and that MTs who aren't treated fairly get everything they deserve. If an MT says they can't get paid enough, this group blames MTs for taking jobs at 6 cents an hour instead of going without a job out of principle. If an MT says their MTSO is abusing their IC status, this group says then they shouldn't have taken the job in the first place. It's not that they're being harsh to you, they do this to everyone.

You state MTSO lost original acct. What were they to do? - At least they offered you another acct. SM

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They could of just said, so sad, too bad, see ya later.

Beating a dead horse here, but I am still struggling - very unhappy camper

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to wrap my mind around this whole IC/UE thing. If you are an employee, you get taxes and UE deductions made. If you are an IC, you don't. My contract with the MTSO states that as an IC, I am personally responsible to make contributions to UE, that they are not going to do so, since I am an IC. OK, but how do you go about making contributions for yourself? If you are an IC, you are ineligible to draw unemployment, right?

to: very unhappy camper - yes..

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At least in my state, as an IC you are ineligible to draw unemployment.

That is why I will no longer work as an IC in this field because they only state you are an IC to get out of paying.

Ahhh, but a small price to pay to be master of - my domain. Elaine nm

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x

not master if given a schedule - to adhere to nm

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:I

Master because I am happy to work schedule I agreed - to. nm

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x

EVERYONE is a master - PedalPshr

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IC, employee, anyone and EVERYONE that has a job has to adhere to some type of schedule, what's wrong with that? I am IC, they just ask what hours you want to work and you work those hours, with flexibility of course.

IC and Unemployment - file anyway! - LK

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An MTSO cannot "only state you are an IC to get out of paying." If you don't meet the legal criteria of IC per Wage and Hour and DOL regulations, you are NOT an IC, no matter what they call you. So if there is any question whatsoever about the legitimacy of your IC status, you should absolutely file for unemployment if you get laid off. The burden is then on the MTSO to prove that you were legitimately classified as an IC. This is how some of these MTSOs get caught, and they can get in a heap of trouble, plus you will potentially get the unemployment. Just calling you IC does NOT make it so.

How about some MT accountability? - It would be refreshing

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No one holds a gun to your head and says, okay, the options are now this instead of that and you MUST do it.

YOU CHOOSE TO STAY. YOU CHOOSE TO ACCEPT IT.

I'm so sick and tired of hearing so many of your rant and rave about how MTSOs do this, are that, act like this. Well, I can tell ya I used to be an MTSO and frankly it's all this whining groaning moaning crap that set me off to going back and just being an MT.

If you are an IC it's not up to the MTSO to make sure you are treated like one. It's up to YOU!!!!!!!!!!!!!!!!! If you aren't then YOU make changes.

Grow the heck up and start being accountable for yourselves. You're not 5 years old for gawd's sake. You're supposedly an adult who is running a business if you are IC status. If you are not doing it correctly or according to the rules then it's not the MTSOs issue-- IT'S YOURS.

obviously you cannot read - I did quit

[ In Reply To ..]
but I am so happy that I assisted in raising your blood pressure!

Ease up poster did move on but this applies to all those - all those that stay in bad situation. nm

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x

to refreshing regarding accountability - very unhappy camper

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Just spent some time on the phone with someone I know at unemployment. Asked them my question. Was told that there is a way for an IC to pay into the system for themselves, but it is not worth it! He said that one is working for a company, they can call you whatever they want, but if it walks like a duck and it quacks like a duck, well, it is an employee, even if they wanna call you an IC. No one is ranting and raving. Rather, all I have heard anyone say is, hey, I'm good at what I do, transcription, but the legalities of IC versus employee, UE, IRS filings, etc, that stuff is a bit complicated, anyone else here who can bring me up to speed? Heck, I got into this from paralegal/legal secretarial precisely because I can't stand all the legal mumbo jumbo. Was just offered an "opportunity" to do legal transcription/scoping of court cases, and ran very far and very fast. I have run businesses, and I do not want to be a business person either. I just wanna get in, do my lines for the day, and get the heck out, live my life and come back and do it again tomorrow. If that is whining, itching, moaning and complaining, ranting and raving...you are entitled to your opinion.

As far as holding a gun to my head? well, maybe not a real gun with real bullets, but definitely did not feel that there were a lot of options. If you wanna stay in the game and continue to play, you gotta play by their rules. In other words, if they decide to change you from employee and make you IC, then you are an IC. If not, then go away, don't play. That simple. Not whining, just stating the way it is.

Wow - what a chip on the shoulder you have. - Why do you even respond?

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You are sooooo "sick and tired." Well, you must not have much else to do if you come here and read through threads looking for an excuse to post like this. BTW, as the next poster suggested, LEARN HOW TO READ AND COMPREHEND WHAT IT IS YOU ARE READING!!!!

Because she can. - nm

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x

Wait a minute - - LK

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While I'm all for MT accountability, you are dead wrong on one of your statements: "If you are an IC it's not up to the MTSO to make sure you are treated like one." Legally, it is totally up the MTSO to make sure you are treated like an IC if they say you are one and classified correctly per DOL regulations. They can be assessed huge fines and back liability for misclassifying their employess and not paying the required taxes and benefits. You can't just "call" someone an IC. There are strict criteria to be met, and it is nobody but the MTSO's responsibility. What IS the MTs responsibility is to either not allowed themselves to be misclassified in the first place, or call the MTSO on it. One way to do this is to file unemployment if they are laid off. Then the MTSO will have to justify the IC status to the DOL and IRS.

Partly true, partly not true. - sm

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You're right that the MTSO is responsible for following IRS guidelines and employment laws. I can't believe the people (or maybe just one person?) I see on here who constantly screams at MTs, claiming they are the real problem, while saying that the MTSO doesn't have to operate within the law or within IRS guidelines.

However, applying for unemployment is absolutely useless for most people in this situation. No one at my state Unemployment office would even listen to me when I tried to file unemployment after being laid off from a company that gave me a schedule and took out taxes from my checks, and I've heard plenty here say similar things. If the IRS believes an MTSO is hiring ICs, that's what they will go by unless there's an investigation, and trust me, the IRS is NOT keen on investigating a bunch of comparatively small MTSOs because of a handful of complaints.

I know what you're saying, but - LK

[ In Reply To ..]
I've also heard the opposite and have heard of MTs who have filed for unemployment and received it even though they were (wrongly) classified at ICs. Legally it is due to them. The MTSO I work for insists that everyone it hires be classified as an employee because of the murkiness of IC classification and the potential liability it incurs if it misclassifies people as ICs. And the IRS is VERY inclined to go after any individual or company that is not paying required taxes, no matter how small. Why they heck do you think they bother to audit individuals? I wouldn't discourage people for going after what they are entitled to. If you just give up, you're just contributing to the problem!

requiring weekends - transgal

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Companies cannot "require" an IC to have weekend hours unless they enter a contract with you in which you agree to provide those services. They can, however, in an informal arrangement, decide they do not need your independent contracted services at other times when you may WANT to work. IC is really a catch phrase for no responsibility on either side, unless you truly enter into a written contract with that company. Many MTSOs use it as an excuse not to pay benefits. It used to be that independent contractors in ALL fields were paid more (actually, CHARGED more, as the price was almost always set by the contractor, not your "client," which is what the MTSO should be. Things have changed in the Wild, Wild West mentality of Transcription.

They cannot legally require you to work weekends, - sm

[ In Reply To ..]
however, if that is the only time they have work available, it is your choice to work or not work. Just because you are an IC they do not have to give you work when you want it. You have the right to work when you want, but you cannot "require" them to provide work when you say you want to work.

I think people are looking at this backwards - see message

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Instead of people saying the company requires them (or not) to work weekends it should be the other way around. Companies have a scheduled (usually Tue-Sat or Sun-Thu). What MTs should be asking themselves is do they want to work the scheduled laid out by the hospital. If not I'd say this is not the field to be in. Its really quite simple. I don't think any company out there changes their proposed working hours for an individual. In my past jobs when interviewed they would tell me the hours. It was then my decision whether I wanted to work for them or not.

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