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

Question about labor laws and IC rights. - JC

Posted: Nov 20, 2012

I had a check bounce from a client as I am an IC. I was wondering if I have any rights as to file a complaint with the DOL or the BBB? Any and all info. will be appreciated. TIA

have you tried contacting the client for a replacement check? - nm

[ In Reply To ..]

Will get funds in the form of a money order. - JC

[ In Reply To ..]
At least that is what the client said. I requested a money order instead of a check. That way the money had to be fronted first.

I will try but - JC

[ In Reply To ..]
after my check bounced the first time and the bank alerted me to it I emailed her to make sure she had the funds available when they resubmitted it. She never got back to me

try to redeposit the check - nm

[ In Reply To ..]

My CU already put it through twice. - JC

[ In Reply To ..]
That is the limit they will do.

Hot checks are handled by the district attorney - see message

[ In Reply To ..]
It's no different than passing a bad check at a store. Contact the worthless check section at the local DA's office.

My suggestion ... do not allow them to victimize you - Getting real about bad checks

[ In Reply To ..]
Passing bad checks is not an accident . . . it is a crime. If YOU paid THEM with a bad check, they would be all over you.

Doctors and MTSOs are likely to do this when they are financially strapped, often right before going out of business or declaring bankruptcy. The longer you wait the less chance you have of getting your money. Paying the MT with a bad check is a famous scam.

You do not have to be the indecisive, powerless victim they assume you are. Stop thinking you have to make nice so they won't get mad at you. Stop thinking you need their work even if they won't pay you.

If you do not alredy have that money, on Friday send a large male relative or friend to collect it for you. No threat is necessary; males get paid because they are taken seriously.

Meanwhile, contact the DA's bad check division and find out what you need to do. That info should be online. Then, on Friday, if the money is not in your hand, DO IT.

I know one MT who worked nearly 2 years on late payments, bounced checks, and promises from a doctor who knew he was going to close his office. She was never able to collect the last 8K he owed her. Her reason for tolerating this? She really, really needed the work. She was afraid to be assertive for fear of being fired.

I can tell you this, JC, if you can't stand up for yourself on this, you should not go into coding because there unscrupulous doctors and companies will pressure you to code fraudulently. If you are afraid to say no because you don't want to upset them or lose your job, you will risk going to jail.

It helps to have your clients sign a contract specifying the penalties for late payments and bad checks. Next time, get one.

Now find a big male who owns a suit and visit the DA's website.

If the company is a member of the BBB, they can be influenced by a report, but I would not count on it. The DA has better luck. Chances are they already know about them.

Similar Messages:

Nov 27, 2012

According to the US Dept of Labor, we are considered piecework employees. Please see below from the US Dept of Labor website. Please note, this is now illegal in the garment industry, and this is why most garment manufacturers are overseas/outsourced. It is legal as long as the pay the employee receives adds up to at least minimum wage for all the hours they spend working, at any speed, slow or fast, and correctly and incorrectly. Some economic experts say that, "An easi ...

Jun 22, 2015

A fellow MT posted on the Nuance board that she contacted the California Labor Board regarding unpaid labor. I hope this case creates a precedent! For me, some jobs are so laden with problems half my time is spent researching and correcting dictator errors - for no pay! We are not paid to check email, answer email, train, review of all the documents emailed to us, review changes in procedure, doctor exceptions to the rule, working with tech support, reviewing QA, searchin ...

Jan 18, 2011

Can someone please advise on this scenario? You are hired with a company to do specific jobs. For 9 months you work as hard as you can for this company, and then you are told you will need to do EVERY work type, even those you have absolutely NO experience doing. You are told 20 minutes before your shift that this is the case, and now all you are getting is not only work types you are not familiar with, but ESL doctors on top of that. Production PLUMMETS. Just deal with it?&n ...

Oct 31, 2012

install software? Job ad states this. ...

Apr 07, 2014

I've searched myself and cannot seem to find correct information so if anyone has any answers I would certainly appreciate it. Since I am an-home MT working piece rate (production only) and not paid hourly, can my employer? A. Enforce mandatory unlimited OT... B. Enforce such until further notice... C. Fire me for refusing/not complying to OT hours. I am FT, 40 hours a week and my MTSO is on mandatory OT until further notice (I am not complaining per se about the feast right now ...

Aug 26, 2010

I live in California and just now my husband called my attention to the TV. Sokolove Law LLC (ambulance chasers, usually one of those "If you or someone you know has taken the drug..." commercials) is advertising for anyone being hired as an independent contractor yet treated as an employee with an expected scheduled, etc., should call them to pursue their legal entitlements. Once the pharmaceutical ambulance chasers get on the subject of IC versus employee, I have a suspicion things are gonna ...

Sep 14, 2011

Having problems with company trying to load Dictaphone platform onto my computer. I have Vista and it is denying access to some applications, saying I don't have full adminstrator rights. Has anyone had this problem? TIA! ...

Nov 20, 2010

Law # 387 "The Blown Eardrum Factor": When you are faced with transcribing a report where the volume is so low that you can barely hear it, even with both your computer's volume and your transcription software's volume turned up AS HIGH AS IT WILL GO, it is an absolute certainty that you will have a dictator who coughs loudly into the microphone throughout the dictation. ...

Dec 23, 2009

sending a copy of the report to the wrong doctor, what about sending all this work offshore? What am I not understanding? If sending a copy to the wrong Dr. Smith constitutes a huge breach of security, then sending people's health records and personal information offshore constitutes a GIGANTIC breach of security. ...

Jan 12, 2010

Is this more strict? or is it the same? Am I freaking out for nothing new? According to some of those examples, I'm not even sure that normals and the repository are legal. Doesn't it say that we are not allowed to save other records for examples? And the fact that you can be fined if you ACCIDENTALLY see something or accidentally send something to the wrong doctor, which I know we have to be careful not to do, but what if it is the dictator who gives us the wron ...

Feb 13, 2010

If we do not check our screen where patient name, info, attending, date of birth, blah blah blah is not correct or we did not check to make sure the dictator name is correct or attending name in the screen, of did not fill in attending or dictator for, this will have to be notified to HIPAA. If company does not notify HIPAA that an MT made a mistake and did not correct patient name, dictator name, attending, etc., my company will be fined big time and possibly the MT too. Honestly, ...

Oct 05, 2010

With the new health care laws in the next 2 years, will IC become obsolete? Won't these transcription companies be forced to provide health benefits and forced to have employees? Or will they still be allowed to just hire us as IC's? ...

Sep 19, 2011

Just for info, I filed complaints with my congressman and with the FTC about my concern about antitrust issues and MedQuist. I think it is okay to include this link, I did not see anything about not posting links. If it gets taken off or anything just go to the FTC home page and look under antitrust. Maybe if everybody files complaints with their own congressional representatives and with the FTC also somebody will take it seriously. Anyway, it can't hurt. http://ww ...

Jul 22, 2010

Below is the link to a TIME Magazine article, which details new laws being put into place to finally crack down on bullying bosses, criminalizing their abusive treatment toward employees. It's about time! The article could very well have been aimed at any number of MTSO's who have screamed, swore, berated, threatened, and even physically abused us. During the past seven years of an "employer's market" economy, bullying employers have gott ...

Dec 30, 2012

Don't you just love the communication at Nuance? Just received an Email regarding new QA rules (new hoops to jump through for bonus), so disgusted I just deleted the message. Bringing the E5 *in line with the rest of NTS*? I don't want to know how much better and faster we are all supposed to be with WHATEVER technology you push out.... I just wanta say that some of you people in management had better learn to transcribe. And WTH is the learning module "Speak Hawaiian"....what ...

Aug 15, 2013

Is anyone elses company elminating IC jobs because of the new HIPPA laws?? We were told that the new laws effect all ICs and that we can either do all this paperwork and training to become a businness associate or become an employee, which for me means losing almost $600 a month in pay! ...

Sep 01, 2014

Today is paid at time and a half correct? ...

Mar 24, 2010

s/l ... ciesis at term, onset of labor pains... Thanks! ...

Aug 17, 2010

Doc says: "Cesarean was done for s/l arrest of dilatation and descent." OB is my worst specialty. I can never figure this stuff out. Does anyone know if arrest of dilatation and descent is right? I googled and found a couple of variations on this, but nothing absolute. Thanks in advance. ...

Sep 03, 2010

I don't even really know what the holiday is supposed to be about. I've been an MT for so long, I can't even remember the last time I had the day off on Labor Day. As a result, I haven't really paid attention to, or even cared, about what it's supposed to be. From what I can see, living near a large body of water, it appears that Labor Day is about drinking beer to the point of major intoxication, and then crashing your boat in ...

Sep 20, 2011

(e)Study of effects of foreign production on unemployment; report to President and CongressWhenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, or both, has resulted, or is likely to result, in increased unemployment in the United States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact ...

Dec 15, 2012

Recognized as top career choice by US Dept of Labor Statistics, "employment of medical transcriptions is projected to grow faster on average compared to all other occupations through 2014." In addition, with new health care legislation, adding nearly 50 million people to health insurance will definitely increase the demand for more transcribers. What a crock. ...

Apr 14, 2013

nm ...

May 06, 2014

to consider MTs are victims of labor trafficking? And to the obvious comments about no one forcing MTs to keep their positions or don't be a victim... This profession has been demolished by the greed of MTSOs and MTs were not part of the conversation (unless they were small MTSO owners who sold out or AAMT employees who sold us out). MT has become an abusive and degrading job to have, no longer a profession. Skip to main content U.S. Department of Healt ...

Sep 01, 2014

I knew it....I am not a moron.....hiring all these MTs for these accounts, running OOW on a regular work day.....did they think we would all stay busy on Labor Day? I am disgusted and am taking the day off. I ask about being off.......NO. Don't you think that managers could make schedules knowing the work is slow? Let people off if they ask, making sure to have at least 2 MTs on in case some work comes in? That is too easy a fix....let everyone just be OOW and ...

Jul 19, 2011

Alerting the Department of Labor has been bandied about regarding the unfair and unjust treatment that MTSOs like to dole out because they think they can get away with it, and we have, in a sense, just rolled over and let them for fear of job loss or being the troublemaker if we spoke up. Perhaps it is time we find out if we have legitimate issues here and maybe something can be done about them, such as: 1. Not being paid for spaces. 2. Not being paid for demographics. ...

Sep 01, 2011

nm ...

Oct 13, 2011

Anyone know of a good site for labor and delivery terms? I can't seem to find one that has anything beyond laymen terms. Thanks in advance! ...

Apr 19, 2012

I've read on here previous comments about the ILPs not having the skill set to perform straight transcription/editing, and if that's true (and I tend to believe it myself), then exactly what is their purpose in the industry? Can they churn out the line count (or way above and beyond line requirements)? Can they create/edit a document that is ready for release to clients? Who QAs their grammar, punctuation, spelling (in correct English)? Can they precisely transcribe OR reports, car ...

Aug 07, 2012

Off-the-Clock References The Fair Labor Standards Act (FLSA) requires that covered non-exempt employees receive at least the minimum wage and at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. The amo ...