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

Will these lawyers help us? Waiting for a response. - We have rights for our jobs.

Posted: Aug 02, 2010

http://www.warnlawyers.com/?gclid=CIDywJmCkKMCFQM7agodX3o0pQ

One law recognizes the financial shock and indignity of unexpected job loss. The Worker Adjustment and Retraining Notification (WARN) Act provides up to 60 days of pay and benefits to those unlawfully laid off without advance written notice. We can assist you to determine if your WARN rights, and those of your colleagues, were violated under federal and state WARN laws.

Well we sure have been violated. - Let me count the ways.

[ In Reply To ..]
I just don't have enough fingers and toes to count the violations.

Good! Lawyers based in New York - I never heard of WARN

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I was under the impression that we had no rights. I just contacted them and am awaiting a response. Maybe if we flood their e-mail inbox with our requests, our voice could be heard.

Thank you from the bottom of my heart! - We have rights for our jobs.

[ In Reply To ..]
You have given me hope!

Thanks for calling in. I WHICH AND PRAY TO GOD EVERY MT WHO READS ARTICLE WILL CALL. What have you got to lose?

Like you said, hope we flood their phones and then maybe they can help us!

No, thank YOU - for giving ME hope

[ In Reply To ..]
Their website says these lawyers help Americans. Americans! Imagine that. After e-mailing them, it feels like some weight has been lifted off me only by having hope that someone out there might understand our feelings of betrayal by MQ.

Here are some highlights of the WARN act. - We have rights for our jobs.

[ In Reply To ..]
Aggressive WARN Act Advocates on Your Side

WARN applies in all states. States that have their own WARN Acts may provide additional money, particularly New Jersey. Many employers either ignore the federal or state statute or employ creative ways to get around it.

Company will conduct an in-depth analysis of your claim, the strength of the case, and assess if there were any other employees involved. A seasoned attorney's help is vital. There is no charge for a telephone consultation, and, if your case goes forward, legal fees will not be assessed unless you prevail.

To put it simply, keep your pay stubs and contact us.

Health Benefits You Are Entitled To Under the WARN Act

In addition to salary, your now-former employer must compensate you for any terminated health insurance coverage, including reimbursement for medical expenses as well. That includes everything from prescription drugs to medical procedures. Sudden illness or injury following a layoff can put you in an unnecessary financial squeeze.

Have you seen some of their cases? - They list big companies they have handled.

[ In Reply To ..]
Hope this works!

Spheris MT's! This could even help you! - Since Spheris filed bankruptcy.

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Hope this helps you!

Open up article and go to bankruptcy section.

WARN applies to plant closings - LK

[ In Reply To ..]
This applies to plant closings and mass layoffs, meaning a very substantial portion of the work force. See the Dept of Labor web site for an explanation:
http://www.dol.gov/compliance/guide/layoffs.htm.

Don't believe this would apply to the MQ situation. Generally speaking, employers are not required to give notice of termination to employees.

here's your problem - we are not being laid off

[ In Reply To ..]
so the loophole MQ found is don't lay us off! Fire us. Force us to quit. Take away jobs until there is nothing left and we just sit there.

They are not laying us off, therefore we have no right to 60 days of pay and benefits.

My own experience with the WARN act - anon

[ In Reply To ..]
took place 20+ years ago in the airline industry. I worked for one of the major carriers which eventually shut down. The WARN act was in effect then, and my airline complied with it by giving employees written notice of a POSSIBLE shutdown in 60 days. I think, since the airline was on shaky financial
footing for so long, we may have even received more than one such notice. That's all they had to do to comply.

I also see where not long ago US Air gave their pilots a 60-day notice of their Boston domicile closing, a situation also covered by this law even though the company was not shutting down and no layoffs were contemplated, but relocation might be required.

I don't want to dash anyone's hopes here, maybe the interpretation of the law has become broader in the interim, but I seriously doubt this law applies to us. MQ is not shutting down, and its employees laid off this far are eligible for job retraining under TAA. It certainly cannot hurt to inquire, but I hope no one is devastated if this law firm says they can't help.

Isn't what MQ doing worse? - WARN

[ In Reply To ..]
Here MQ is a thriving company making money right and left (pilvering from the pockets of the MTs). No, they may not be laying us off because they are floundering, but isn't firing us on trumped-up charges worse? Aren't they using us in very deceptive ways to further their own gains? In that sense we should have rights, and I'm hoping these or other lawyers see it that way.

Sure it's worse. It just isn't covered by WARN. "Constructive discharge" is - anon

[ In Reply To ..]
the term I think is more applicable here, when an employee is forced to quit because the employer has made working conditions
intolerable. Issues can include discrimination, harassment, reduction in pay, benefits, or workload for reasons that are not tied to job performance. Google "constructive discharge" and you will get more details.

If the WARN law firm referred to above also deals with this, also, maybe the laid-off MQ employees have a case. I hope whoever is making that contact will post their findings here.

Rights under the law - Former HR director

[ In Reply To ..]
Most employees in this country, unless under a union contract, are considered "at will" employees. That means your employer can let you go at any time, for any reason for no reason, as long as it is not specifically because of your race, religion, sex, age, or other classes protected under the law. No notice is required. No severance pay is required. Your rights as a terminated or laid off employee are extremely limited, unless you can claim and prove discrimination as above.

That being said, my advice is that if you feel you are being treated unfairly, look for a better company. Please don't give me that old refrain that they're all bad, as that just isn't true. Some are, some aren't. Leaving MT is also an option and may be a very good one at this point.

Then don't ask why - the world is

[ In Reply To ..]
going to He!! in a hand basket. How can an employer get away with repeated infractions of our basic moral code as human beings, AND being financially rewarded for it. When we allow it, don't fight it and just walk away to just chalk it up, we're feeding that very system and have ourselves to blame.

By staying, you empower them. - Former HR director

[ In Reply To ..]
There's nothing you can legally do. You can whine and moan all you want, but you are enabling this kind of behavior by staying. It's like an abusive marital situation. If you're being abused, you should leave. When too many good employees leave a company, it hurts the company. If MQ's master plan is to send all their work to India anyway, then they won't care, but staying will only bring you more misery while easing their transition. I'm sorry to say this, but if you stay and let yourself be abused, you have only yourself to blame.

Is this MQ goal? Trying everything to get us - to quit? Why hire newbies?

[ In Reply To ..]
Strange company.

'fraid not. - I stand my ground.

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The act of leaving would be positive reinforcement for a very negative behavior. As you already know, all MTSOs out there are following suit to MQ's deeds. There will always be an unfortunate newbie who thinks it won't happen to them. I've tried many other companies to only suffer loss of benefits, lack of salary which I can not afford at this time. The only way to get rid of me is to fire me, the ramifications of which MQ would pay (unemployment). Leaving voluntarily would leave them smelling like roses, which is the whole intention here. Their thoughtless changes should not be without consequences. We are feeling, caring human beings, not machines. I believe in appropriate feedback and am one of the fighters.

Whatever. - Former HR director

[ In Reply To ..]
If it makes you feel good, by all means stay. I switched from Spheris to a smaller company and have been very happy there for two years. Best thing I could have done. Better pay, flexible hours, plenty of work, great account, nice people. But if you're happy giving your life blood to MQ, go ahead. I think it's called being a martyr.

Constructive discharge? - See Message

[ In Reply To ..]
To rightfully claim constructive discharge, you'll likely have to prove all factors listed below.

Your employer recently changed a working condition that led directly to your resignation and thus, your constructive discharge.
The change and your resignation occurred close enough in time, to have established a "cause and effect" relationship.
The change was so extraordinary and intolerable, that it would have caused any reasonable employee to quit under the same circumstances.
Your employer intentionally created or allowed the change, even though it was predictable that it would compel any reasonable employee to quit (regardless of whether or not your employer specifically tried to force you to quit).
A humiliating demotion, punitive transfer or hostility toward you are among the types of changes that might entitle you to claim constructive discharge after you resign. For example, if you resign because of intolerable discrimination or sexual harassment, or because your employer transferred or demoted you to an undesirable position in retaliation for reporting a wrongdoing, your immediate, resulting resignation might constitute constructive discharge.

Typically, your employer must have recently changed something significant that led to your resignation. Something that's always bugged you and finally led to your decision to quit likely doesn't constitute constructive discharge, because it apparently wasn't extraordinary and intolerable enough to compel you to quit right away. Quitting for petty stuff, such as because your employer moved your office to a cubicle farther away from the break room, is not likely to constitute constructive discharge either. The same goes if your employer made a change for verifiable business reasons and you quit simply because you didn't like the change.

Simply put, if most reasonable employees would have tolerated the change, then your resignation is not likely to be constructive discharge. But if most reasonable employees would quit because the change made working conditions so intolerable that they had no choice, then your resignation might very well be constructive discharge.

Next Page > Constructive Discharge Relief

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