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

Job posting - klownmom

Posted: May 25, 2010

How can they ask you to work stated hours if you are an IC? I see this all the time. They want an employee, full time, but an IC. Don't understand all that.

Basic answer is they can't, IC vs. employee - see msg

[ In Reply To ..]
If a company requires an MT to work on a set schedule, then what they are hiring is an employee.

The problem is that these companies want to have their cake and eat it too, so the companies are violating the law. They are hiring for "employee positions" but calling their MTs an "IC" just so they can avoid taxes, the IRS and labor laws.

what they can do, however - IC

[ In Reply To ..]
is ask that the MT tell them what schedule he/she is going to work and/or how many lines are going to be produced on any given day. If the MT does not then live up to that agreement, the MTSO can question then and take appropriate action if the commitment consistently is not met.

What the MTSO can also do is say something along the lines of "we have work available Saturday through Tuesday." You as the IC can work those days or not if it suits you, again, with the caveat that you will be asked to at least let the MTSO when you think you'll be working, and then expected to live up to that commitment.

No that is not IC either. Sorry.... - true IC

[ In Reply To ..]
You may think this trickery works but it does not. If they are asking for any sort of commitment other than keeping their client information private, then they are asking you to be employed by them.

Again, an IC does not give their clients schedules or quotas, etc. The IC tells the client (the MTSO is your client) I will transcribe your data by such and such a time when and if that data is available. End of story.

When my clients begin to dictate to me particulars on how they want their work done and when they want it done, they can employ me. Until then, I tell them what I can provide as an IC. I subcontract for an MTSO aka my client, and they have never asked me for a schedule or a line quota but asked me if I could please complete any voice files that I download within 24 hours, and I have agreed to do so under contract. However, I tell them when I am not going to be working (key word tell/not ask).

If you start confusing the two, then you lose the true definition of an IC with this mixed message that you have just put out here.

Read up on it! An MTSO cannot tell an IC they have to work a particular shift and if they are, they need to be reminded that you are an IC. Stick up for yourselves for once, please! It helps us all in the long run!

Yeah, actually it is. - IC

[ In Reply To ..]
I never said that the MTSO could dictate a shift. I did say that that MTSO could ask you when you thought you would be performing the work. You ask your plumber when he's going to show up, don't you? If he doesn't show up when he says he will, you call him and find out what the deal is, don't you? Same principle applies.

Holding hard and fast to the supposed rule that you don't have to tell your MTSO how much work you're going to do on any given day is misguided, IMHO. I'll go back to the plumber analogy again. When I have work done, they will usually give me an indication of what is going to be done and how long they think it's going to take. If that changes, I can ask them about it and they can let me know what circumstances gave arisen and we come to another agreement.

I'll also go back to your statement "I tell them what I can provide as an IC." Telling an MTSO how many lines you think you can commit to on any given day is exactly that - telling them what you can provide. I tell my MTSO what days I'm going to work and how many lines I'm going to commit to on any given day, and it varies by day depending on other commitments that I have.

What about - Alice

[ In Reply To ..]
What about the company that employs ICs, but continuously sends out emails, "We have 500 jobs available...Everyone please log in and help to clear up this backlog." Do they have a right to get angry when there is a nonresponse from those who already worked that day and completed their commitments? I think not.

It would be nice if the ICs could return and work another shift on those days when work is overflowing, but it should not be mandatory.

You're absolutely right, no they do not - IC

[ In Reply To ..]
As you say, it would be nice if the ICs return and work more, but the company has no control over whether they do or not and they have no grounds to get angry with the ICs. If the work isn't getting done in a timely manner, the MTSO has no one to blame but themselves for either not staffing correctly and using employees to ensure that the work is done in an appropriate manner, or making sure that they have enough ICs to cover the work based on the amount of work the ICs say they are going to give them.

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