warning for interpreters

tuatara

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Mods, please move this thread if I've placed it inappropriately.

Translation companies are approaching interpreters with work, but requiring them to sign contracts that have dangerous non-compete clauses. This limits the work they can do with the same clients in the future. My understanding is that it can be easy to miss this information if you don't read the contract thoroughly - that is, the company isn't necessarily clear about it.

This is disturbing, because non-compete clauses are more typical (and appropriate) when the company has provided or paid for a person's training (or paid a person's salary while they train) and then wants to secure their investment. What's happening here just seems predatory.

I read about it on Mary Luczki's Facebook page, which she shared from her ASL Educational Services page. Link: https://www.facebook.com/permalink.php?story_fbid=621984924546384&id=580387455372798

Here is her text:

Interesting point I learned from my good friend who is an interpreter. As a Deaf person, it makes me mad.
A lot of foreign language translating companies are getting into providing interpreters for ASL.
They look at the state and national interpreter registries and send out emails asking for someone willing to fill an assignment. If you're an interpreter on one of these lists, you may have gotten one of these emails.
Many of these companies differ from the standard ASL interpreter agency in that they have the interpreter sign a contract or agreement that can put the interpreter out of work or severely limit the interpreter's ability to accept assignments!
This can do nothing but hurt the Deaf community. Imagine not being able to get an interpreter because the interpreter signed such an agreement (maybe unknowingly because he/she didn't read the agreement before signing) and now isn't available.
If you are an ASL interpreter, and sign an agreement to work with a foreign language translating company to provide ASL interpreting services, READ IT FIRST.
Most of them have a clause saying once an interpreter accepts an assignment, that interpreter cannot interpret for the same hearing client or deaf person again either directly or for another agency for a period of time unless it's through the translating company.
It's called a no-compete clause, and is totally unreasonable for ASL interpreters. Many interpreters work for more than one agency, and often work with the same hearing and/or deaf clients via different agencies.
I've seen contracts saying the restriction applies for 18 months, and just saw one today saying 24 months!
What does this mean? Let's say an interpreter accepts an assignment to interpret at a hospital for a certain deaf patient.
Later on, a legitimate ASL interpreting agency asks the interpreter to interpret at the same hospital or for the same deaf client in an unrelated case.
According to what the interpreter signed with the translating company, that interpreter can't accept it, and has to turn the work down for however long was agreed to.
Imagine an interpreter being barred from interpreting at a certain hospital or other place or for a certain deaf individual for 2 years! If the interpreter does it anyway, and the translating company finds out, they can legally make the interpreter pay THEM the money earned from that assignment.
Beware!


[end of Mary's text]


I am not on AllDeaf much these days, and probably won't follow up or read much in the way of other posts, but I do get email notification if you send me a PM.
 
Wow. Not only this makes it disturbing - it is even more so that many foreign translating companies do not understand the importance of how we Deaf people need to have terps on a multiple basis on different unrelated matters. This really severely puts a hamper on the shortage of terps for the deafies.
 
Non-competition contracts for interpreters is nothing new. It's been standard practice for decades. It's common in many professions. If a terp doesn't like that restriction then he/she should work as a private contractor (freelance).

There's always a trade-off in making occupational choices.

Of course, one should always carefully read any contract before signing.
 
Non-competition contracts for interpreters is nothing new. It's been standard practice for decades. It's common in many professions. If a terp doesn't like that restriction then he/she should work as a private contractor (freelance).

There's always a trade-off in making occupational choices.

Of course, one should always carefully read any contract before signing.

There are times that several different interpreting agencies that works together to share different interpreters for training sessions, conferences, speeches, so and on. But, I do wonder how that will work when there are shortages of terps in some cities that really needs it the most?
 
this is normal. www.fbo.gov listed federal contracts and some of the interested vendors are foreign language interpreter agencies. a lucrative market.

many courthouses listed ASL interpreters under foreign language directory. go figure.
 
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