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When a dictator says "delete that and start over" - Des
Posted: Jul 14, 2012
To those of us working for below-market-value wages, especailly those of us with MTSOs, when a dictator does this, we need to just stop right there and "split" the report with a note that says "cancelled by dictator." Then continue on with what we're doing. This way, we'd get credit for those lines.
We all need to do this, and if our employers complain or try to fire us, then we'd have an obviously legitimate claim with the Labor Board for our employers refusing to pay us for work done. It would be impossible for them to argue against this in court, as the recording would be the proof.
I know I'm coming off litigious here, but I'm kind of sick and tired of working and not being paid for it. It says nowhere in my employee handbook that I've agreed to waive my right to compensation in circumstances such as this.
We used to be paid for things like this. This is yet another reason our wages were what they were. But since they no longer want to pay us fair wages, we're going to have to fight for every penny.
While I agree, it's a losing cause. - sm
[ In Reply To ..]All they would have to do is argue that the line rate "takes such things as corrected dictation, changes in phrasing, etc. into account". It doesn't, of course, but I really don't see how you'd prove it.
Let me expand a bit on my comment... - sm
[ In Reply To ..]All that an MTSO has to do is to say (to a court) that what they pay is for ALL of the duties required to complete the work, including demographics, looking up terms, making corrections or revisions as dictated, and even filling out your time card, reading supervisory emails, etc.
At that point, the question becomes very simple: You either will or will not work for the pay being offered for these duties - and since you have the choice NOT to work for such pay, you will find no remedy in the law to force the MTSO to pay you more.
It's basically like any other job. You go to McDonald's, they pay you $X to do ALL of the duties required for that position. If you don't like it you can refuse the job. You can't take the job, however, and then try to get a court to force McDonald's to pay you more.
It's take it or leave it, but the court will NOT force an MTSO to pay a higher line rate as long as they're meeting the minimum wage requirements.
Well... - Des
[ In Reply To ..]The difference is, McDonald's employees aren't off the clock when they stop cooking hamburgers to mop the floor.
I wasn't suggesting a higher line rate be offered to MTs, I just want to be paid for ALL lines typed, regardless whether or not they end up in the final report.
I suppose MTSOs have already solved problem: they're sending our jobs to India. HOWEVER, before my job is gone, I want every single penny owed to me.
I understand and sympathize. I'm just sayin' - sm
[ In Reply To ..]...that the MTSO would argue that they ARE paying you for ALL lines typed, because the line rate takes into account the kind of situation you're describing, where you have to delete something and start all over. The court would have no way to dispute this, nor would you.
This is why I say that there are only TWO remedies for the situation. One, we can quit our jobs and - if we find nothing better - we can quit the profession.
Two, we can organize so that we have a contract that IS enforceable in a court of law.
But will we, the squeamish ladies of transcription, ever get up off our fat butts and do this one thing for OURSELVES?
In someone else's lifetime.
Well said! - Des
[ In Reply To ..]"..., we can organize so that we have a contract that IS enforceable in a court of law."
"...get up off our fat butts and do this one thing for OURSELVES?"
We can bring about change, but we all have to be willing to do it. I have already emailed my congressman, the GOP, and the White House, and I'm not going to stop.
If we leap to striking, that makes us look hostile. We ARE professionals. However, if we all send emails of our detailed experiences to as many representatives as possible, and keep sending these emails, they'll have to listen to us. There are way too many of us to be ignored.
If we don't get action, then we can walk off. I'd like to see the Indian MTs "fix" these reports once WE have stopped training the software.
Absolutely - Alice
[ In Reply To ..]That's a good point. More often than not, and this happened many times when I worked for Nuance, the Indians receive the account AFTER we train the software. What would they do without us.
Nurses are professionals and they have staged massive strikes. Being a human trumps being a professional.
However, if you try to split a report in an attempt to be paid for all lines types, you might end up being fired. Then, at least 10 others will be standing in line waiting for your job.
The longer i stay in the industry, the harder it is for me to get out. That's a fact.
Precedence - Alice
[ In Reply To ..]The law is based on statutes and comparison to previous cases that won or lost. However, when there is a jury, the judgment is based on their correct or incorrect interpretation. As far as I know, the jury takes what information is given to them and then deliberates alone. They can ask questions, but no lawyer sits in on the exact deliberations for the purpose of making sure that the jury's line of thought and interpretation is correct. So, the only law that is available for this situation is the wage and hour law, but there apparently exist few to no laws/statutes governing payment by the line, and it would be up to interpretation by a judge or jury. It's complicated. The more I work as an MT, the more I think it would be easier in the long run to just give up and go to work at a retail establishment for minimum wage. However, I've tried submitting applications for this type of work, and interestingly, it seems they prefer young and energetic persons for these types of jobs. I was told that I was over-qualified, and my reply was "Am I overqualified for homelessness as well?"
"over-qualified" - Des
[ In Reply To ..]I've gotten that response, too. I've also gotten, "If you're an MT, why would you want to work here." They just don't understand.
Our tens of thousands of voices need to be heard. We have to start screaming if we want to keep what we've earned.
Agree - Alice
[ In Reply To ..]I agree and I think your solution is brilliant, especially when the dictation involves several paragraphs of a report in progress. However, most of the time when I see this, it is just a sentence or a paragraph here and there. It is impossible to split that up. I feel that there should be some way set up to copy and paste the deleted portion into a QUIT file or highlight the deleted portion in the report, so as to get credit for all typed dictation, but this option has not been developed by the software engineers due to the fact that the MT is not considered in the process.
Yeah... - Des
[ In Reply To ..]If we could "mark" those lines somehow so they're not included in the final report, but included in our line count summary, we could count ALL lines like this. Also, it'd be easy enough for the employers to check to see if MTs were abusing this. All they'd have to do is audit the report to see if those lines were "marked" appropriately.
It'll never happen though, because, like you said, "...the MT is not considered in the process."
Just Say No - BeenThereMT
[ In Reply To ..]If the account specifications indicate to transcribe or edit as a verbatim account, I leave all dictated information in. The dictator can edit this out when he reviews his report.
So, unless it's just a word here and there that a dictator clarifies, it's his/her report and he gets what it says.
I do flag for discrepancies such as left/right, medication dose errors, etc.
In my situation, the MTSO I am currently working for does pay the MTs/Editors for reports that are incompletes or that a dictator might say "please disregard."
Here's what I do - (see message)
[ In Reply To ..]We get paid if a dictator starts dictating a report and then decides to cancel it or it gets cut off. We just flag the report and send it to the facility as an incomplete. When the dictator starts a paragraph and then says to delete that last paragraph, or "let me start that over," I will honor that in the same report twice. I have one nurse, however, who is very unorganized and abuses that privilege, so the third time and beyond she tells me to delete that last paragraph and let's start over, I just leave the paragraph in and start a new paragraph. Maybe that's wrong, but it can get out of control with this particular dictator. One time she lost track of where she was in the report and at the very end started over again at the ROS section on a fairly long report. It was quite a while before she realized it, but thankfully she instructed the MT to just send it in like it was and that she would take care of the editing. I do agree that deleting and starting stuff over is part of the job, but it can get out of hand with some dictators.
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