A community of 30,000 US Transcriptionist serving Medical Transcription Industry
HAS ANYONE SOUGHT AN ATTORNEY??? - Diane King
Posted: Mar 29, 2014
I am in the process of checking with a Texas Attorney about all of this. Has anyone who has been fired done so?
I understand you disagree with the way things are ran - but what type of case do
[ In Reply To ..]You plan on pursuing? Did they give you your UE?
Still awaiting UE - Diane King
[ In Reply To ..]Just asking. I have read every posting for March and there is so much pain, uncertainty, despair.
Case of possible wrongful termination, but I'm pretty sure MM has covered themselves.
If MM decided to fire all the blondes on payroll, they - could do that. If they wanted to fire
[ In Reply To ..]all MTs with brown eyes, they could do that. If MM wants to fire all MTs over 50 they can do that and they would not have to say why they were fired. Google AT WILL EMPLOYMENT.
On what grounds? - dnr
[ In Reply To ..]Although, sometimes I want to claim hostile work environment with the 99.6% and 99.7% quality score decree (which really isn't a percentage of anything - just arbitrary points no matter how long a document is).
employment is at will - I hate to see you end up with a bunch of
[ In Reply To ..]attorney fees on top of no job...
Just curious - Diane King
[ In Reply To ..]If the attorney proceeds on the basis of contingency... maybe. Just wondering, if anyone has taken or thought about this route. Class action, wrongful termination or something like that. I don't know.
How about not getting paid - for ADT, cc, etc
[ In Reply To ..]If we are paid on production, those things should be included. I don't think it would hurt to talk to an attorney. I don't know what a consultation would cost, but he could give you an idea of whether we even have a case. Best wishes to you.
When you come to work for MM, you know you get paid by - the line and they tell you what SM
[ In Reply To ..]makes up a line, and it doesnt include cc, adt etc. It is characters per line in the report. You dont like it, you dont have to work here.
Yeah being paid by production and them being - an at will employer would SM
[ In Reply To ..]Make building a case on the ADT and wrongful termination difficult. They reserve the right to sever employment at any given time, they don't need a reason, but it looks better on them if they have one.
My opinion for what it is worth - sm
[ In Reply To ..]You really don't have a case. Sad but true. The ADT they will offset with the standards that you get paid for inserting and other BS garbage. No one is forcing you to work under these conditions is the main argument. That and apparently the "gift" for working from home makes us second class employees. If you could find a discrepancy in line counts, then you have something but so far I'm not finding that again. The absolute best thing we could do AND nobody will do it, is either all have a case of the flu for a week or just say I'm done I quit. But I totally understand how that can't and won't happen, we need to pay bills and feed our families. The only thing that will work is to HURT the company in a group effort somehow. Sad thing is...India went on strike, and now they have most of our work, but we will never unite like they did. Hint hint
MM does not have to offset unpaid ADT with paid templates. - They could just as easily SM
[ In Reply To ..]pay less for templates as other do and there is nothing the MTs could do about it.
When did India go on strke? If they did it was to increase wages, I am sure. They had already had most of our work. I doubt they were striking for more work, but if it happened, it was for higher wages,
Hey, your yelling at me and I am not the LEAST - interested in taking them to court SM
[ In Reply To ..]I'm just commenting on the thread. I left the company voluntarily months ago. So need to take your vent out on me.
Not yelling. No caps, no exclamation points. - nm
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The TONE of the post came off that way. Caps or not. - nm
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How odd to read the post that way. THat is not - how it was meant to be read. nm
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Sorry, I apologize. I just re-read - your post, my fault. sm
[ In Reply To ..]I skim read it the first time without paying close attention and jumped to conclusions.
SM, that is awesome INDIA ON STRIKE??? - Diane King
[ In Reply To ..]You mean the INDIA PORTION went on strike against MModal? Your words make sense, and I realize that... just wondering where to go from here and where I can help.
Knowing about what each of us is going through helps others, to begin! They have created this work venue so we DO NOT know of each other and so can't talk. This board, as inefficient as it might be, still allows us to share with each other.
Did India go on strike? Maybe not. Shouldnt accept - questionable posts posted on
[ In Reply To ..]on an anonymous message board as fact. Probably should at least google this to see if it is true.
oh here we go - with the " dont like it leave"
[ In Reply To ..]BS. I was being paid for those until MedQ bought us out. So, no I didn't know it. KMA
Your first MQ check should have alerted one to this and - then they could leave. nm
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Do they tell you upon hire ... - Rose
[ In Reply To ..]what they require you do for free? Research, review previous reports, search for providers first names, titles, email supervisor & QA. This can consume a huge percentage of your work hours.
Yes they tell you,, it's all in the paperwork too. - nm
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That sounds like a first! (nm) - Rose
[ In Reply To ..].
Many MTs dont read contracts. They think the MTSO has their best - interest at heart. nm
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As a long time MT at various companies, I have a list - of question to ask before final
[ In Reply To ..]hire process. Included in the list is what makes up a line, are there templates and how are they paid, do I get paid for cc, inputing pt info, etc. Ignorance of the details of you employment is not an excuse. It is up to you to find out this info.
If you bought a used car would you just drive it away or would you ask details about that car? If is up to you to find out how you are paid but sadly many MTs think the MTSO has the best interest of the MT at heart but we all know that is not true.
ON THE CLOCK - Diane King
[ In Reply To ..]ANYTIME I was in discussion with my mgr or QAM or Tech support, I put in a "conference call" for payment for my time... whether email or reviewing audited reports in the 100% QA, ANYTHING. Might try it!
What does this have to do with not getting paid - for cc and adt? nm
[ In Reply To ..]Have you been following this complete thread?
THE ISSUE - Diane King
[ In Reply To ..]That's kind of insulting, because if you have been watching this board, I'm all over it.
The issue was NOT getting paid for the little things we do like talk to the mgr, email, ANY issues concerning the job and I was suggesting to put it in SCHEDULE SOURCE as 'conference call'. That's what my manager told me to do.
YOU NEW TO THIS DISCUSSION??? - Diane King
[ In Reply To ..]You sound completely disconnected from this conversation where high-paying MTs with experience and over 50s are being targeted and terminated. I KNOW what I got when I started and watched it being cut in half.... you need to read my other post TERMINATED AFTER 9 YEARS and the numerous other posts. I wanted to find out if my situation was unique, and it is NOT ONLY NOT UNIQUE, but horrible for so many. Might want to come down out of your IVORY TOWER to find out what's going on. If you are a low producer, low end of the pay scale, they will likely leave you alone, but realize, the rest of us are 'facing the lions'.
Diane what we need to do is - sm
[ In Reply To ..]We need the ones that have been terminated to band together. Someone needs to find the common denominator for the termination. Age, benefits, line counts, down time, audit scores, etc. Then you may actually have a case. I'm in the over 50 group and kind of see it happening to me as well. Only a matter of time I suppose. We need honest up front answers to some questions.
BANDING TOGETHER - Diane King
[ In Reply To ..]MSTARS provides that. An attorney would know what to do. I agree with you!
Hope you call an atty that gives free first consult cause - there is no case here for atty to take. nm
[ In Reply To ..]x
who knows? - 16TRANSCRIBER
[ In Reply To ..]Who knows? You may have a home run or a strike with a case. You never know until you ask. A consultation is usually free. I would make sure I researched lawyers first and go with the best one, not just any lawyer in the phone book. There is another MTSO that is being sued by some transcriptionists, and the lawyer claimed they had a good case. You can probably Google that as I have forgotten what they were suing for. Good luck. I know you are fired up mad. Don't dwell on it b/c your health and sanity will suffer. But, I do understand how mad you are. Just breathe, breathe, breathe.....
They were suing cause MTSO was stealing from them. Dinking - with their LC and pay. MM SM
[ In Reply To ..]did that, too, and got caught. I doubt you will find an instance of that with MM these days. Every time I check, my MM counts are a touch higher than the counts I get using Word line counter. And yes, you count characters, not lines.
THat was hard proof the MTs had. Stealing from your employess is not covered under At Will employment. Firing an MT just because if what being At Will means. And how could ANY corporation be anything other than At Will? If they werent they could never get rid of anybody, even the bad employees.
MM does not need a common denominator to fire anyone. - They dont need a reason. SM
[ In Reply To ..]AT WILL employer means they can fire anyone for NO cause at all. Just like you can leave for NO cause at all, Just because you want to. Same as just because MM wants to.
Except if you can prove discrimination of some - sort, like age
[ In Reply To ..]Or unfair targeting for some other reason. Which is the reasoning for the common denominator to be found
THE COMMON DENOMINATOR - Diane King
[ In Reply To ..]So far, what I see is over 50, MEGA experience, high production and high line production cost.
How do you propose to get MM to say you were fired cause - you are old? They will say you were fired
[ In Reply To ..]because the wanted to fire you. End of discussion, nothing more will need to be said. Dont you get it. AT WILL
Just Asking, that's all - Diane King
[ In Reply To ..]This is more fact finding at this point.
Will save lots of time to read up on At WIl - employment. nm
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They are never going to admit why - but
[ In Reply To ..]Any court of law a preponderance of evidence is what wins..If there are more fired over the age of say 50 with less than or equal to the same errors as a say 30 year old..Then you have a case. That is why I said we need truthful answers and we need to help each other out. Or we can sit here and fight the one person that seems to want to take the challenge..Why not help her? Maybe she is onto something
I have read all of this thread. If other threads need to be - read to understand this one, SM
[ In Reply To ..]please make a note of that. (Eye roll) Why are you yelling?
Passionate, not yelling. ALL CAPS IS YELLING - Diane King
[ In Reply To ..]THIS IS YELLING. I didn't do that.
You having posting in all caps continuously. - almost all your posts are caps.
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THE TITLES are Capped - Diane King
[ In Reply To ..]Didn't mean to yell, always ALL CAP the titles.
No titles here, But caps in the Subject Line is - yelling. nm
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Yes, as can be seen in the above posts that have all - caps in subject line. nm
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She's saying she was fired because of her age and - line rate, but I know people who
[ In Reply To ..]I know of a couple people who make 9 and 10 cpl who are still there with no problems or complaints a one is a pretty high producer.
Not Over Yet - Diane King
[ In Reply To ..]They are still culling!
Diane I was as you call it high paid making more than - you quoted making below and
[ In Reply To ..]I wasn't fired, I left and Im 38 years old. I left because I no longer felt job security existed in the MT industry so I found another job. And it was a hard decision because I actually liked working for MM. Also, having good line rates doesn't make you "high paid."
NOT TO US, BUT TO THEM - Diane King
[ In Reply To ..]Likely, being in bankruptcy, chapter 11 'restructuring', there is a constant tendency to find out WHERE CAN WE GET MORE MONEY. They switched our grand 15 minutes of down time to 6 minutes, for example. I think they are looking for the high expense MT, older, more experience, high producers, MORE EXPENSIVE!!!! Still just a theory based on the experience of those on this board.
What I see Diane - sm
[ In Reply To ..]Again, is a bunch of people that like to complain but sit back and take it. I will do whatever, if I thought a sudden flu epidemic would work, I would all the sudden have the flu. Unfortunately, most people like to leave it to the other guy.
Not all are complaining. Would imagine is the minority - that complains. I dont need the flu SM
[ In Reply To ..]I WANT to work. I have no prob with MM, feel sorry for the ones that do but feel they have to stay here and fight the windmills.
Feel the Need To stay as long as possible - Diane King
[ In Reply To ..]I could see it coming in Dec, but hung in there ZUM BITTERN ENDE, and then March 19, 'the ax fell'.
Others have said, we have to earn a living and change is tough!
As long as my compensation is more than adequate for - amount of effort it takes me SM
[ In Reply To ..]to do this, you will find me right here. CPL doesnt matter. What matters is dollars per hour versus the amount of energy I expend to do this.
Don't look on this board - look online for OTHER INDUSTRIES - wheres_my_job
[ In Reply To ..]This isn't just happening in MT-ville.
If you want experienced attorney, then find out what other age discrimination cases are out there, and contact the attorneys involved.
They may or may not take your case, based on specific circumstances. But you will get no help on this board, just criticism.
Do a search for "age discrimination case" or even "won age discrimination lawsuit" and see what you come up with.
Found a Houston Lawyer - Diane King
[ In Reply To ..]No, not seeking an attorney here, but fact finding to see if anything has been done.
I say go for it - 16TRANSCRIBER
[ In Reply To ..]I posted above something but forgot to say this. I would go ahead and consult a really good lawyer. If you truly do not have a case then you can go on with your life and say you tried. If you don't consult a lawyer then you will probably regret it. I don't understand why everyone is getting their feathers ruffled over this because none of us are lawyers. You never know what kind of case you have until you present it to a lawyer. There is usually more to the picture than meets the eye, and if there is something that can be done with M*Modal even to make the working conditions better for the remaining transcriptionists why not give Diane King your support? What if it can change. Someone has to stick their neck out and make a move. If you consult a lawyer, I applaud you Diane King!
You dont have to be an atty to understand At Will. - nm
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Please dont think that cause an atty will take the case, there - is a basis for that case. SM
[ In Reply To ..]There are as many evil attys as there are evil MTSOs. Some attys will take a case they know is hopeless, just to get what fees they can out of the plaintiff.
Don't forget to tell the attorney they tell us to - thanks for the UTI MM
[ In Reply To ..]clock out for "bathroom breaks" and breaks period. There is no reason to have to clock in and clock out period. There are companies where you just work, take your breaks and don't clock in and out, especially to go "potty."
Attorney - Anonymous
[ In Reply To ..]You may or may not have a case, but I can steer you in the right direction. Contact the Department of Labor in the state which the company is located. Explain to them your job duties, etc., that you are not being paid for checking email, bathroom breaks, etc. I was told by the Dept of Labor that all work-related duties must be compensated for. The laws may be different in each state, so no guarantees. From the information you gather from the Dept of Labor, if you think you have a case, search for an employment rights attorney in your state. They usually work on a contingency basis and you do not have to put out any money. They will take what they get from your settlement, if you get one. If you think you were wrongfully terminated for whatever reason, do you have any documents, emails, etc. to help support your case? Annual evaluations, emails from managers, etc. I save everything, and I mean everything. I forward company emails to my personal email and save everything! Good luck.
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