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

Independent Contractor forced to work holidays - DB

Posted: Nov 06, 2012

As an independent contractor, can the company I am doing work legally make me work holidays?

Medical care is 24/7. If you want to keep your job... - anon

[ In Reply To ..]
You should show up. Healthcare is 24/7. Clients do not care if it is a holiday or not.

I cannot believe the posts I read where everybody is just willing to work 9-5 weekdays and that is it.. If the account needs coverage to staty in TAT, people need to work, or the clients will find another service that will.

If they "make you" adhere to a schedule, it's illegal. - MT

[ In Reply To ..]
Especially if they are demanding you do the same job/schedule as an employee in the same company. Thank goodness the DOL is starting to crack down on these MTSOs. I can't believe they think that all they have to do is call a position IC and that makes it one! Sorry, there are rules to follow. My cousin was able to get unemployment because it turns out she was misclassified, which, by the way, if pursued, means the MTSO has to pay fines, etc. She chose not to because she believed the owners actually did it from ignorance, not greed. From what a lawyer told her, if you quit (or were fired) but document that they insisted you work holidays, demanded schedule, etc., you can have them investigated for misclassification.

For example, one reference:

"The IRS has developed a list of 20 factors it uses to determine whether a worker is an employee or a subcontractor."

"Does the business set the worker's schedule and hours? Independent contractors generally set their own work schedules..."

"Does the business require the worker to follow their instructions on how work is to be performed? If yes, this indicates employee status. "

See message - anon

[ In Reply To ..]
Well, in that case we are all employees, even ones with their own clients. Account specifics are, in fact, instructions on how the work is to be performed. If everybody worked only when they wanted to, all work would go overseas.

Depends on how much you want to keep your account you are transcribing with and your client. I for one work all holidays but July 4th, which I instruct everybody is due to fireworks being legal in our city, and it is impossible to hear dictation, although I have had to on a few occasions when stats came up.

Also, for every IC position, there are several thousand to take your place. I do not mean to be nasty here, just stating the truth. If the account is important to you, I would be available for work. If not, tell them you are not available to work. Simple as that. What did your contract state? Does it exclude holidays? I have my July 4th writtin in.

You misunderstand... - MT

[ In Reply To ..]
I agree with you - especially that one of the identifying factors of an IC is that they have their own contract. Nowadays some uninformed ICs don't even submit one and it's VERY common for MTSOs to hope they do not and, as a result, not even request one.

Of course, if you have your own clients, you're restricted in time off, vacations, holidays. It's one of the reasons why I choose not to. I like having 10 paid holidays off working for a good MTSO ;). The point the OP was making is can they DEMAND you work the holiday but yet call you an IC? NO. Can they fire you for not working it? Of course. But odds are if you contest that and document their "schedule" and "demands", you are really an employee according to the IRS, they illegally misclassified you, and penalties are involved.

MT - anon

[ In Reply To ..]
I find this funny b/c when you read the requirements, it does state that the business cannot require you to follow their instructions on how work is to be performed, so shouldn't that mean that they cannot hire IC's? In this business, you have to perform your job a certain way.

You have to research it...it means work patterns - MT

[ In Reply To ..]
This is why MTs have to inform themselves. You're assuming it means something it doesn't. According to the IRS, in this context, it pertains to instructions on how to perform work in work patterns or schedules. Again, it's worth it to do the research or consult someone. MTSOs are depending on the fact that you won't. I get that in these desperate times, some MTS know this but choose to deal with it because they need a job. I understand, and I'm not talking about that. I'm addressing this to MTs who do NOT know this.

Again, how could ANYONE think that an employee or IC are the same except one gets benefits, PTO, taxes, workmen's comp, etc and one doesn't? MTSOs are offering the same pay as an employee yet calling it an IC. How does that make sense to any IC MT? Five to ten years ago, this was not seen in this business. It's only recently MTSOs started this and obviously it's working for them. I'm just saying if you do not inform yourself, you can be taken advantage of. It's already happening.

Another reference linked below. Read it and come to your own inclusions as to whether you want to explore this further. Personally, if I was an IC making 8 and 4 cpl and being forced to "stick to a schedule or be fired", I would consult someone to see what my rights are. That is all I am saying. I'm honestly not trying to argue with anyone so I'll leave this topic at that. I posted to inform the OP. So good luck to all you hard-working MTs, and don't let MTSOs assume you're too lazy to at least look into this!

One last thought: "If the business loses on the challenge, all back payroll taxes must be paid as if the worker were an employee. Additionally, a portion of taxes that should have been withheld for income and FICA from the employee's portion must now be paid by the business employer instead. Then various penalties are added in, and they can amount to over 150% of the recalculated taxes! Finally, interest is charged on the total amount due, dating back to the original liability date, not when it was challenged."

IC vs employee - schnauzermom

[ In Reply To ..]
"Does the business require the worker to follow their instructions on how work is to be performed?"

With all these acct spec we have to follow and the picky clients don't we all have this issue?

What can we do?

IC, employee...all still an MT. If the account needs coverage - someone has to do it. nothing new. NM

[ In Reply To ..]
x

But IC and Employee ARE classified very different in ANY field (nm) - anon

[ In Reply To ..]
x

Well, if they want to say who does what and when - then they better hire

[ In Reply To ..]
employees and provide the bennies that go along with it. Otherwise, as an IC I work when I want and how much I want. If they have a minimum they want me to agree to, fine, but I decide when I work, not them.

Exactly. - MT

[ In Reply To ..]
(I should preface that I'm not an IC and have never been one because I need insurance, but in supporting my cousin learned a LOT).

I'm surprised by some of the MT responses saying there's no difference; of course, I'm going to assume it's not MTSOs masquerading as MTs. Think about it. Why would the IRS/legalities have classifications for Employee vs Independent Contractor? If the only difference was one gets PTO, benefits, taxes witheld, etc. and one doesn't, then who would ever want to be an IC? I've been in this business long enough that even just 5 years ago you would NEVER see these MTSOs advertising for an employee and just deciding to label it IC. It's crazy and ABSOLUTELY ILLEGAL. Again, think about it. If it was legal, all companies would only hire ICs; who wouldn't?

I'm no expert. Just saying that with all the things happening to our industry, this is the only one where the MT actually has a legal leg to stand on. What will it hurt to ask around, research, consult somebody? Obviously, the OP was astute enough to know that something was not right and...guess what? She is absolutely right.

FANTASTIC THREAD! - t23b

[ In Reply To ..]
I'm not a newbie MT by any means, but since being outsourced from my wonderful in-house job to an MTSO, it's like "culture shock" out there. I, too, thought IC MTs were basically employees who simply didn't receive any benefits and had to pay their own taxes.

I sincerely appreciate "MT's" information, but I also see "anon's" point of view. If we're not there to do the work, someone else will, and decent jobs aren't readily available anymore. So, even though the client/MTSO apparently can't "require" a set schedule, if we're not there to do the work when they want AND do it the way they want, we'll be let go and someone else will come in and do it. Sure, we might have a claim with the Labor Board, but by the time something gets done, we'll be homeless and starving on the street.

I'd be nice if MT ICs were regarded like plumbers -- not because they deal with poopy all day, but because they're very necessary and vitally important and must be available 24/7/365. The plumber would happily work on Christmas, but at double the regular rate, and any extra time spent due to unusual customer demands would be billed accordingly. (long sigh) If only, right?

You got it! - MT

[ In Reply To ..]
Thanks for seeing the good info. I really wasn't trying to monopolize the thread, just wanted to assure the OP that they were right and back it up with why I thought so.

I absolutely do see anon's viewpoint also.

And like you, I had culture shock last year after many years with a good company that closed. I didn't even know what an IC was, what pages of client specs meant (we simply typed what the physician dictated), how stressful nit-picky QA can be (I did QA and certainly didn't "grade"), or that now ADTs are unpaid (!) and time-consuming (thought all demographics were imported as they were with my last company). Ugh, now I know. Starting as a "newbie" low on the totem pole after 20+ years experience is tough too, though I do like my company, especially hearing about some of these huge corporates whose goal is to offshore.

Six of one, half dozen of another - NO

[ In Reply To ..]
I used to be an IC and ran into this all the time. No, by law, they cannot. If you want a job, they can. It all boils down to what you are willing to put up with and how badly you need the job. I would print out their emails telling you that you have to work for future proof if you need it. They have you classified wrong if they tell you what to do, and this was the exact reason I worked as an IC (so I could be in charge of when I could take off).

Seriously, it is unbelievable what these MTSOs - are getting away with SM

[ In Reply To ..]
now. I see ads that have all the requirements that an employee would have and then they say "IC status only". They do this for one reason only and that is greed. I so wish people working for a company that only hires ICs yet they are really employees would come together and try to stop this. I know it won't happen because we are now backed into a corner but I hope one day it changes.

Yes...... - Dina

[ In Reply To ..]
..... but only if YOU allow yourself to work holidays......

Independent Contractor forced to work holidays - DB - rfwats

[ In Reply To ..]
As an IC, the company can't make you do anythign but live up to the Agreement/Contract you signed (or should have signed) to provide services/deliverbales/etc.

If you are being required to work certain days or hours as direcred by the company, there is very good chance you are misclassified employee and should be paid on W2 basis.

It's work! - oaf

[ In Reply To ..]
With so many of us looking for work if you decide to jump ship send me an E-mail. As an IC you are supposed to set your own schedule - but there is always someone in the wings that is more than willing to work holidays to keep a job at this point... See if you can trade with another IC at the company?

Similar Messages:

Dec 07, 2009

I have been doing IC work for almost a year now and up until now the work has been plentiful even though its pooled, however, recently I noticed that I keep running out of work. I keep being told that the accounts are not over assigned, but I am having serious doubts. Before I call it quits with the company I just wanted to get opinions as to whether this is the norm for this time of year or what? ...

Oct 22, 2014

I am so tired of these companies hiring for an IC position and then when you are not at your keyboard johnny on the spot at 11 a.m. every day to start your day and sometimes start at 12 p.m. or 12:30 p.m., they are calling your cell, sending threatening E-mails. They never stipulated in their contract that if you say, per se, you are going to work 11 a.m. to 7 p.m. and you start a little later, say 12 p.m. and work until the work is completed still getting getting the work completed well w ...

Mar 10, 2010

Would a few independent contractors mind sharing your CPL rate? I currently work as an employee and have three years experience. I am looking into IC jobs, but I am having difficulty finding information easily on the difference in rates between IC jobs and employee jobs. Thank you! ...

Jul 11, 2010

How does anyone become an IC (independent contractor)? What is the process exactly? Any help would be appreciated. ...

Aug 19, 2011

I recently got a reply on a job as an IC for a company but in order to work for them I have to have an EIN. How do I get one and how do I figure out my taxes and all the stuff that goes with it? ...

Jun 13, 2013

I was thinking of applying for an IC job until I saw this (and much more, but this did it for me). If you have been offered an independent contractor position it is very important that you calculate the ultimate cost to you as a taxpayer to see if the salary being offered is worth the time and effort. For example, if you are being offered $15 an hour as an independent contractor and $12 an hour as a payroll employee, you may initially be tempted by the fact that your "take home" pay will be ...

May 05, 2010

A company is looking for ICs and says you must fill out pre-qualifying form. In it they ask for specific time of each day you can work. As I understand independent contracting, you get job, are given TAT and determine when you will do it. Can a company ask for set hours and still be calling their people independent contractors? Thanks for any answers. ...

May 21, 2010

I would like to know what all is involved with being an independent contractor. I have been toying with the idea a lot lately but have no clue what needs to be done or what is required of me. If anyone could give me some insight into this, I would so truly appreciate it. Thanks... PS: I have been an MT for over 20 years so not new to the scene but always figured employee status was better. ...

Aug 10, 2010

Yes, I fell for DIT's reassurances that their financial troubles were all in the past too. I worked diligently for two months only to be met with silence when I asked which days they mail paychecks out. It's been two weeks now, and I haven't heard a thing. To those of you who are staying loyal to these people: Please, please, please don't. They don't deserve it. For over a year, they have been preying on new MTs who are desperate for a job. This is NOT ...

Aug 12, 2010

I was just wondering how does a person become an independent contractor? I see a lot of job openings for them but not really sure what is involved. Could someone explain how to go about getting into being and independent contractor? Thank you so much! ...

Sep 24, 2010

Is anyone a licensed independent contractor? I saw a job listing that you have to be licensed. First time I ever heard of that. ...

Jul 14, 2011

Hello. I just got a new job, and for the first time, I will be an independent contractor. I am unfamiliar with this. I know they will not take taxes out. I was wondering if anyone could give me some tips on how I do this. Should I consult a tax person? Is there a way I can figure out what to hold out on my own? Can I pay the IRS quarterly those figures so I don't have to pay it all at the end of the year? Do I need any kind of license? This is a part-time position at home, ...

Oct 11, 2011

I am looking for some clarification on the definition, as per the IRS website, of an "independent contractor." With the majority of companies now hiring MTs as IC's, does this definition apply ? "You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the servi ...

Aug 31, 2012

BEWARE AND BE SURE you are truly an Independent contractor. This info is available on the IRS.GOV website (type Independent contractor in the SEARCH box and then click on IC defined). I was going to work for a company who later informed me that i would be REQUIRED to look up patient information that was not dictated by going to a different website and searching thru the paperwork looking for the information. I know from experience that doing this seriously cuts into My Line Count and MY PAY. I w ...

Jun 08, 2013

When you are considered an independent contractor, is it necessary to give at least two weeks notice before you quit? ...

Nov 04, 2014

Want work as an IC on a part-time basis. Anyone know of a company that is truely hiring for ICs, not calling you an IC but treating you as if you are an employee? Thanks. ...

Nov 18, 2014

Oncology Positions Available - iMedX Inc Posted: Nov 18th, 2014 - 4:48 pm iMedX, Inc. Openings for Oncology transcription in a clinic setting as IC (Independent Contractor). Must have approximately 2 years recent Oncology experience. **** This is the first step of shifting people out of Employee status...bye bye guys!!! Clock tickin'!!!!!! What more do you need. Thumbs up for Employees about to be dumped ...

Feb 22, 2015

Hi! Can anyone tell me what some good programs are if I was to try to get into the IC field? I mean programs for downloading voice files, for getting the foot pedal to work with said voice files, etc. I have Word and a word expander. ...

Mar 13, 2015

Can anyone tell me any details on being an independent contractor? Pros/cons? Pay? Thanks for any info! ...

Mar 27, 2015

Could someone please explain how an IC status works, has anyone worked in this capacity, and feedback. Thanks. ...

Mar 13, 2010

As I understand it, according to IRS definition of an IC, the IC cannot be tested. If this is so, how do the transcription companies get away with testing for IC positions as mentioned in their ads. Is this legal? ...

Nov 01, 2010

Do any of you who work as an independent contractor for an MTSO carry liability insurance? Why or why not? Do they have to carry it and cover you or are you responsible for this? Thanks. ...

Nov 26, 2010

Can anyone tell me where I would find the steps to go about becoming an IC? Once I learn how to legally become an IC, then what do you do, just send your resume to the various companies? I would like to investigate becoming one. Thanks so much. Deidre. ...

Jan 18, 2011

This is concerning work. There is one question on the questionnaire that asks if I want to be on independent contractor or employee status. Could someone please explain exactly what the difference is and the Pros and Cons of such. Thank you in advance. ...

Feb 08, 2012

Anyone work for Transcription Doctors as an independent contractor? Looked through the archives, but everything seems old. Just wondered if anyone has had any current experience. Very leary trying out a new company. ...

Jan 16, 2011

Can anyone tell me if there are any advantages to being an independent contractor versus an employee? I'm worried about being able to set aside taxes if they are not taken out automatically -- I work because I need the money and would prefer to not have to "bank it" for taxes later. Seems like it is getting harder to find employee status jobs thay are not voice recognition / editing positions. ...

Mar 13, 2015

Can someone tell me which position is more financially rewarding? Do ICs get 401k and whatnot? Basically, can someone tell me the differences between the 2? Thanks so much. I am an idiot with money and taxes. ...

Mar 11, 2010

I am thinking about pursuing a job as an independent contractor as I am retired and want something to do more than the money (retired hospital transcriptionist). It is my understanding that an IC must have flexible schedule to qualify for IC status, yet the job ads specify second and third shift as well as weekend days. Can they do this? I know the government is cracking down on ICs to make sure they are truly ICs (we all know the transcription companies will do everything to preserve their bo ...

Jul 24, 2012

I've just started working as an independent contractor and I was wondering if an IC can work more than 40 hrs. a week, since not working as an employee. This is all new to me. I've always worked as an employee before. I just couldn't handle the VR anymore. It's a joke and decided it was time to "just say no!" The big boys came up with it and they can deal with it. Not going to ruin my health (body and mind) anymore for minimum wage! That being said, I'm very willin ...

Oct 08, 2013

So after more than a month of research for the new HIPAA-HITECH Final Rule, I was able to pass everything to the company I work for as an IC. I just want to share to any IC/BA if anyone is still looking for professional liability insurance/Error and Omission. This company is the cheapest I have found. http://www.myvirtualstore.yolasite.com/professional-liability-insurance.php ...