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Right to view contract details between employers [closed]
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This may be in the wrong section, but I don't see any other exchange sites that might fit this better.
I am a software developer, and am currently employed by CompanyA hosted in Virginia for the next 3 years. I am on their W-2. They have contracted me to CompanyB in Washington State, which subsequently contracted me to CompanyC where I am actually programming. I log hours into CompanyC's system, and CompanyB's system. CompanyB and CompanyC cross-verify my hours reported between themselves, and then CompanyB bills CompanyC for the hours. Then, I send that report to CompanyA, which bills CompanyB for the hours, and CompanyA puts the money into my bank account.
Recently, one of my managers asked me to do something that sounded like it was outside of my contract (work 16 hours in a 24 hour period) and I just wanted to make sure that I was permitted to do so. I was also curious as to how any overtime would be paid out, as I haven't been in this position before. When I asked CompanyC if it was permitted, the answer was essentially Yes, because we told you to. Doubtful, I asked to view the contract regarding myself that was agreed to between CompanyC and CompanyB. CompanyC said no, and CompanyB has not responded since I requested it last week, and they usually get back to me within the hour. So, I asked CompanyA to see the same contract signed between CompanyB and CompanyA, and they too have told me that they cannot provide me that information.
This makes me a bit uncomfortable, as I haven't seen anything regarding what I'm actually allowed to do, and forbidden to do. I could inadvertently do something, which might be standard practice, but actually end up violating the terms of one of those contracts, which could in-turn violate part of my contract with CompanyA, and in that contract, I (foolishly) agreed that if any of the terms of the contract were broken, the party breaking the contract owed the other part $30,000 due in 30 days.
contracts contracting
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
asked Jan 22 '15 at 3:00
Zymus
13218
closed as off-topic by Jim G., gnat, Garrison Neely, Chris E, Michael Grubey Jan 23 '15 at 12:33
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., gnat, Garrison Neely, Chris E, Michael Grubey
suggest improvements |Â
up vote
1
down vote
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This may be in the wrong section, but I don't see any other exchange sites that might fit this better.
I am a software developer, and am currently employed by CompanyA hosted in Virginia for the next 3 years. I am on their W-2. They have contracted me to CompanyB in Washington State, which subsequently contracted me to CompanyC where I am actually programming. I log hours into CompanyC's system, and CompanyB's system. CompanyB and CompanyC cross-verify my hours reported between themselves, and then CompanyB bills CompanyC for the hours. Then, I send that report to CompanyA, which bills CompanyB for the hours, and CompanyA puts the money into my bank account.
Recently, one of my managers asked me to do something that sounded like it was outside of my contract (work 16 hours in a 24 hour period) and I just wanted to make sure that I was permitted to do so. I was also curious as to how any overtime would be paid out, as I haven't been in this position before. When I asked CompanyC if it was permitted, the answer was essentially Yes, because we told you to. Doubtful, I asked to view the contract regarding myself that was agreed to between CompanyC and CompanyB. CompanyC said no, and CompanyB has not responded since I requested it last week, and they usually get back to me within the hour. So, I asked CompanyA to see the same contract signed between CompanyB and CompanyA, and they too have told me that they cannot provide me that information.
This makes me a bit uncomfortable, as I haven't seen anything regarding what I'm actually allowed to do, and forbidden to do. I could inadvertently do something, which might be standard practice, but actually end up violating the terms of one of those contracts, which could in-turn violate part of my contract with CompanyA, and in that contract, I (foolishly) agreed that if any of the terms of the contract were broken, the party breaking the contract owed the other part $30,000 due in 30 days.
contracts contracting
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
asked Jan 22 '15 at 3:00
Zymus
13218
closed as off-topic by Jim G., gnat, Garrison Neely, Chris E, Michael Grubey Jan 23 '15 at 12:33
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., gnat, Garrison Neely, Chris E, Michael Grubey
1
i... i started writing a long answer to this, but it got too depressing. in point form! 1. you aren't liable for contracts A-B, or contracts B-C. You only signed the contract between yourself and A, so they and only they are the terms you can possibly violate. 2. You absolutely have to forge great relationships in this current gig and then leave after a year or so. 3. Never ever be a multi-contracted person again (A,B,C! Too many!) you are losing money each day, terrible. 4. You will never get to see the contracts B-C or A-B, because then you'll see how much you're getting ripped off.
– bharal
Jan 22 '15 at 15:44
2
Also, that's a pretty hefty penalty they've added... you should absolutely get that checked out by an employment lawyer. I cannot imagine it is enforceable, but i'm not a lawyer.
– bharal
Jan 22 '15 at 15:46
1
Also, this comment of yours (see @ChrisLively's great answer) needs to be expanded on - I am being penalized by C (or rather, my manager) for something that all employees between B and C are not. Nobody knows what you mean here. But this comment in itself seems like a valid workplace question (with more details). (Altho almost guaranteed the answer will be "raise it to A)
– bharal
Jan 22 '15 at 15:54
suggest improvements |Â
up vote
1
down vote
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up vote
1
down vote
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This may be in the wrong section, but I don't see any other exchange sites that might fit this better.
I am a software developer, and am currently employed by CompanyA hosted in Virginia for the next 3 years. I am on their W-2. They have contracted me to CompanyB in Washington State, which subsequently contracted me to CompanyC where I am actually programming. I log hours into CompanyC's system, and CompanyB's system. CompanyB and CompanyC cross-verify my hours reported between themselves, and then CompanyB bills CompanyC for the hours. Then, I send that report to CompanyA, which bills CompanyB for the hours, and CompanyA puts the money into my bank account.
Recently, one of my managers asked me to do something that sounded like it was outside of my contract (work 16 hours in a 24 hour period) and I just wanted to make sure that I was permitted to do so. I was also curious as to how any overtime would be paid out, as I haven't been in this position before. When I asked CompanyC if it was permitted, the answer was essentially Yes, because we told you to. Doubtful, I asked to view the contract regarding myself that was agreed to between CompanyC and CompanyB. CompanyC said no, and CompanyB has not responded since I requested it last week, and they usually get back to me within the hour. So, I asked CompanyA to see the same contract signed between CompanyB and CompanyA, and they too have told me that they cannot provide me that information.
This makes me a bit uncomfortable, as I haven't seen anything regarding what I'm actually allowed to do, and forbidden to do. I could inadvertently do something, which might be standard practice, but actually end up violating the terms of one of those contracts, which could in-turn violate part of my contract with CompanyA, and in that contract, I (foolishly) agreed that if any of the terms of the contract were broken, the party breaking the contract owed the other part $30,000 due in 30 days.
contracts contracting
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
asked Jan 22 '15 at 3:00
Zymus
13218
This may be in the wrong section, but I don't see any other exchange sites that might fit this better.
I am a software developer, and am currently employed by CompanyA hosted in Virginia for the next 3 years. I am on their W-2. They have contracted me to CompanyB in Washington State, which subsequently contracted me to CompanyC where I am actually programming. I log hours into CompanyC's system, and CompanyB's system. CompanyB and CompanyC cross-verify my hours reported between themselves, and then CompanyB bills CompanyC for the hours. Then, I send that report to CompanyA, which bills CompanyB for the hours, and CompanyA puts the money into my bank account.
Recently, one of my managers asked me to do something that sounded like it was outside of my contract (work 16 hours in a 24 hour period) and I just wanted to make sure that I was permitted to do so. I was also curious as to how any overtime would be paid out, as I haven't been in this position before. When I asked CompanyC if it was permitted, the answer was essentially Yes, because we told you to. Doubtful, I asked to view the contract regarding myself that was agreed to between CompanyC and CompanyB. CompanyC said no, and CompanyB has not responded since I requested it last week, and they usually get back to me within the hour. So, I asked CompanyA to see the same contract signed between CompanyB and CompanyA, and they too have told me that they cannot provide me that information.
This makes me a bit uncomfortable, as I haven't seen anything regarding what I'm actually allowed to do, and forbidden to do. I could inadvertently do something, which might be standard practice, but actually end up violating the terms of one of those contracts, which could in-turn violate part of my contract with CompanyA, and in that contract, I (foolishly) agreed that if any of the terms of the contract were broken, the party breaking the contract owed the other part $30,000 due in 30 days.
contracts contracting
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
asked Jan 22 '15 at 3:00
Zymus
13218
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
edited Jan 22 '15 at 15:06
Elysian Fields♦
96.9k46292449
96.9k46292449
asked Jan 22 '15 at 3:00
Zymus
13218
asked Jan 22 '15 at 3:00
Zymus
13218
asked Jan 22 '15 at 3:00
Zymus
13218
13218
closed as off-topic by Jim G., gnat, Garrison Neely, Chris E, Michael Grubey Jan 23 '15 at 12:33
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., gnat, Garrison Neely, Chris E, Michael Grubey
closed as off-topic by Jim G., gnat, Garrison Neely, Chris E, Michael Grubey Jan 23 '15 at 12:33
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., gnat, Garrison Neely, Chris E, Michael Grubey
1
i... i started writing a long answer to this, but it got too depressing. in point form! 1. you aren't liable for contracts A-B, or contracts B-C. You only signed the contract between yourself and A, so they and only they are the terms you can possibly violate. 2. You absolutely have to forge great relationships in this current gig and then leave after a year or so. 3. Never ever be a multi-contracted person again (A,B,C! Too many!) you are losing money each day, terrible. 4. You will never get to see the contracts B-C or A-B, because then you'll see how much you're getting ripped off.
– bharal
Jan 22 '15 at 15:44
2
Also, that's a pretty hefty penalty they've added... you should absolutely get that checked out by an employment lawyer. I cannot imagine it is enforceable, but i'm not a lawyer.
– bharal
Jan 22 '15 at 15:46
1
Also, this comment of yours (see @ChrisLively's great answer) needs to be expanded on - I am being penalized by C (or rather, my manager) for something that all employees between B and C are not. Nobody knows what you mean here. But this comment in itself seems like a valid workplace question (with more details). (Altho almost guaranteed the answer will be "raise it to A)
– bharal
Jan 22 '15 at 15:54
suggest improvements |Â
1
i... i started writing a long answer to this, but it got too depressing. in point form! 1. you aren't liable for contracts A-B, or contracts B-C. You only signed the contract between yourself and A, so they and only they are the terms you can possibly violate. 2. You absolutely have to forge great relationships in this current gig and then leave after a year or so. 3. Never ever be a multi-contracted person again (A,B,C! Too many!) you are losing money each day, terrible. 4. You will never get to see the contracts B-C or A-B, because then you'll see how much you're getting ripped off.
– bharal
Jan 22 '15 at 15:44
2
Also, that's a pretty hefty penalty they've added... you should absolutely get that checked out by an employment lawyer. I cannot imagine it is enforceable, but i'm not a lawyer.
– bharal
Jan 22 '15 at 15:46
1
Also, this comment of yours (see @ChrisLively's great answer) needs to be expanded on - I am being penalized by C (or rather, my manager) for something that all employees between B and C are not. Nobody knows what you mean here. But this comment in itself seems like a valid workplace question (with more details). (Altho almost guaranteed the answer will be "raise it to A)
– bharal
Jan 22 '15 at 15:54
1
1
i... i started writing a long answer to this, but it got too depressing. in point form! 1. you aren't liable for contracts A-B, or contracts B-C. You only signed the contract between yourself and A, so they and only they are the terms you can possibly violate. 2. You absolutely have to forge great relationships in this current gig and then leave after a year or so. 3. Never ever be a multi-contracted person again (A,B,C! Too many!) you are losing money each day, terrible. 4. You will never get to see the contracts B-C or A-B, because then you'll see how much you're getting ripped off.
– bharal
Jan 22 '15 at 15:44
i... i started writing a long answer to this, but it got too depressing. in point form! 1. you aren't liable for contracts A-B, or contracts B-C. You only signed the contract between yourself and A, so they and only they are the terms you can possibly violate. 2. You absolutely have to forge great relationships in this current gig and then leave after a year or so. 3. Never ever be a multi-contracted person again (A,B,C! Too many!) you are losing money each day, terrible. 4. You will never get to see the contracts B-C or A-B, because then you'll see how much you're getting ripped off.
– bharal
Jan 22 '15 at 15:44
2
2
Also, that's a pretty hefty penalty they've added... you should absolutely get that checked out by an employment lawyer. I cannot imagine it is enforceable, but i'm not a lawyer.
– bharal
Jan 22 '15 at 15:46
Also, that's a pretty hefty penalty they've added... you should absolutely get that checked out by an employment lawyer. I cannot imagine it is enforceable, but i'm not a lawyer.
– bharal
Jan 22 '15 at 15:46
1
1
Also, this comment of yours (see @ChrisLively's great answer) needs to be expanded on - I am being penalized by C (or rather, my manager) for something that all employees between B and C are not. Nobody knows what you mean here. But this comment in itself seems like a valid workplace question (with more details). (Altho almost guaranteed the answer will be "raise it to A)
– bharal
Jan 22 '15 at 15:54
Also, this comment of yours (see @ChrisLively's great answer) needs to be expanded on - I am being penalized by C (or rather, my manager) for something that all employees between B and C are not. Nobody knows what you mean here. But this comment in itself seems like a valid workplace question (with more details). (Altho almost guaranteed the answer will be "raise it to A)
– bharal
Jan 22 '15 at 15:54
suggest improvements |Â
2 Answers
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5
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I can't imagine any situation in which a person would be allowed to view the contract documents between those three companies. I can't even imagine that Company C would ever be able to see the contract that A signed with B. That just doesn't happen. Further, asking to view them yourself is seriously overstepping your bounds as the details of those contracts are highly confidential and certainly encompass far more than whether you are allowed to perform overtime work or not.
The company that pays your check is the one that ultimately decides whether they pay over time and at what rate. That is the one you contact. All you have to do is email them to ask whether you are permitted to work over time and what the over time rate is.
Beyond that nothing else is your concern. Your concern is to please the company that signs your check. If there is something they feel you need to know, such as things you are specifically forbidden to do, then they will let you know what it is.
You likely should seek legal counsel to see if your fears on the $30k item are warranted or not. That said I fail to see how you could possibly be held liable for breaking terms of a contract that you are not privy to. Namely the deals between A and B as well as B and C.
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
2
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
1
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
2
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
4
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
 |Â
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Right to view contract details between employers
You have a right to discuss the contract that exists between you and Company A. They are your employer, they pay your salary, your employment agreement is solely between you and company A. You are obligated (under financial penalties) to abide by the terms of that contract.
Whatever contracts exist between Company A and their customers is their business. They aren't required to show you their customer contracts, and their customers certainly aren't obligated to show you their contracts with their customers.
If you have questions about how you should proceed in your work with Company C, you should talk to your boss at Company A. And if you think understanding aspects of the contract between Company B and Company C would help you do your job better, you need to bring that up with Company A. They can choose to help you understand better or not, but they have already indicated that they won't try to get the contract for you.
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
suggest improvements |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
5
down vote
accepted
I can't imagine any situation in which a person would be allowed to view the contract documents between those three companies. I can't even imagine that Company C would ever be able to see the contract that A signed with B. That just doesn't happen. Further, asking to view them yourself is seriously overstepping your bounds as the details of those contracts are highly confidential and certainly encompass far more than whether you are allowed to perform overtime work or not.
The company that pays your check is the one that ultimately decides whether they pay over time and at what rate. That is the one you contact. All you have to do is email them to ask whether you are permitted to work over time and what the over time rate is.
Beyond that nothing else is your concern. Your concern is to please the company that signs your check. If there is something they feel you need to know, such as things you are specifically forbidden to do, then they will let you know what it is.
You likely should seek legal counsel to see if your fears on the $30k item are warranted or not. That said I fail to see how you could possibly be held liable for breaking terms of a contract that you are not privy to. Namely the deals between A and B as well as B and C.
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
2
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
1
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
2
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
4
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
 |Â
show 3 more comments
up vote
5
down vote
accepted
I can't imagine any situation in which a person would be allowed to view the contract documents between those three companies. I can't even imagine that Company C would ever be able to see the contract that A signed with B. That just doesn't happen. Further, asking to view them yourself is seriously overstepping your bounds as the details of those contracts are highly confidential and certainly encompass far more than whether you are allowed to perform overtime work or not.
The company that pays your check is the one that ultimately decides whether they pay over time and at what rate. That is the one you contact. All you have to do is email them to ask whether you are permitted to work over time and what the over time rate is.
Beyond that nothing else is your concern. Your concern is to please the company that signs your check. If there is something they feel you need to know, such as things you are specifically forbidden to do, then they will let you know what it is.
You likely should seek legal counsel to see if your fears on the $30k item are warranted or not. That said I fail to see how you could possibly be held liable for breaking terms of a contract that you are not privy to. Namely the deals between A and B as well as B and C.
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
2
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
1
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
2
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
4
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
 |Â
show 3 more comments
up vote
5
down vote
accepted
up vote
5
down vote
accepted
I can't imagine any situation in which a person would be allowed to view the contract documents between those three companies. I can't even imagine that Company C would ever be able to see the contract that A signed with B. That just doesn't happen. Further, asking to view them yourself is seriously overstepping your bounds as the details of those contracts are highly confidential and certainly encompass far more than whether you are allowed to perform overtime work or not.
The company that pays your check is the one that ultimately decides whether they pay over time and at what rate. That is the one you contact. All you have to do is email them to ask whether you are permitted to work over time and what the over time rate is.
Beyond that nothing else is your concern. Your concern is to please the company that signs your check. If there is something they feel you need to know, such as things you are specifically forbidden to do, then they will let you know what it is.
You likely should seek legal counsel to see if your fears on the $30k item are warranted or not. That said I fail to see how you could possibly be held liable for breaking terms of a contract that you are not privy to. Namely the deals between A and B as well as B and C.
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
I can't imagine any situation in which a person would be allowed to view the contract documents between those three companies. I can't even imagine that Company C would ever be able to see the contract that A signed with B. That just doesn't happen. Further, asking to view them yourself is seriously overstepping your bounds as the details of those contracts are highly confidential and certainly encompass far more than whether you are allowed to perform overtime work or not.
The company that pays your check is the one that ultimately decides whether they pay over time and at what rate. That is the one you contact. All you have to do is email them to ask whether you are permitted to work over time and what the over time rate is.
Beyond that nothing else is your concern. Your concern is to please the company that signs your check. If there is something they feel you need to know, such as things you are specifically forbidden to do, then they will let you know what it is.
You likely should seek legal counsel to see if your fears on the $30k item are warranted or not. That said I fail to see how you could possibly be held liable for breaking terms of a contract that you are not privy to. Namely the deals between A and B as well as B and C.
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
edited Jan 22 '15 at 3:16
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
answered Jan 22 '15 at 3:11
NotMe
20.9k55695
20.9k55695
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
2
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
1
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
2
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
4
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
 |Â
show 3 more comments
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
2
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
1
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
2
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
4
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
The overtime was just an example. But, if I am understanding you correctly, CompanyB could add a clause to their contract with CompanyC stating that (and this is just an example of an arbitrary situation) I am permitted 14 hours of sick leave per month, and CompanyC agrees to the clause, but never tells me (neither does CompanyB), and then penalizes me if I do. Not knowing that I was legally able to do that and not be penalized because of it, I would have to take the punishment, and CompanyB would be none the wiser. Is that correct?
– Zymus
Jan 22 '15 at 3:19
2
2
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
@zymus: Having been on various sides of this I can tell you that that type of thing doesn't happen. Your deal is with Company A. That defines what perks, if any, you get as well as standard work hours etc. B won't add or remove them in their deal with C. Never mind that in the USA B certainly doesn't want you to appear as a de facto employee and have to pay medical etc for you. Likewise C will steer clear of all of those things in the contract docs. Instead B will just be charging more for your time to C than they are charged by A; and that info isn't your concern.
– NotMe
Jan 22 '15 at 3:21
1
1
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
Titles are meaningless. Your only legal relationship is with your employer.
– user13659
Jan 22 '15 at 3:29
2
2
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
@Zymus: I think you are making this far harder on yourself than it needs to be. If C has penalized you and you feel that it is incorrect then you need to take it up the chain of command. Asking to see the contracts is not the right path. Whether you trust them is immaterial. Instead just talk to your boss at B. If this still isn't resolved then talk to your actual employer, which is A. Regarding the title, if you have a contract with A then you are a contractor. If you don't have a contract with A then you are just an agent of A; but as bmargulies said: titles are meaningless.
– NotMe
Jan 22 '15 at 3:30
4
4
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
@Zymus: That doesn't matter. B is perfectly within their right to provide different benefits to their own employees than to you, a sub contractor. They are perfectly allowed to pay different rates, set different schedules, etc. All that matters is your deal with your employer, which is with A. Further I guarantee the contract between B and C is different than the one between A and B. Your time/skills have been resold and B expects to make a profit which is well within their rights.
– NotMe
Jan 22 '15 at 3:36
 |Â
show 3 more comments
up vote
4
down vote
Right to view contract details between employers
You have a right to discuss the contract that exists between you and Company A. They are your employer, they pay your salary, your employment agreement is solely between you and company A. You are obligated (under financial penalties) to abide by the terms of that contract.
Whatever contracts exist between Company A and their customers is their business. They aren't required to show you their customer contracts, and their customers certainly aren't obligated to show you their contracts with their customers.
If you have questions about how you should proceed in your work with Company C, you should talk to your boss at Company A. And if you think understanding aspects of the contract between Company B and Company C would help you do your job better, you need to bring that up with Company A. They can choose to help you understand better or not, but they have already indicated that they won't try to get the contract for you.
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
suggest improvements |Â
up vote
4
down vote
Right to view contract details between employers
You have a right to discuss the contract that exists between you and Company A. They are your employer, they pay your salary, your employment agreement is solely between you and company A. You are obligated (under financial penalties) to abide by the terms of that contract.
Whatever contracts exist between Company A and their customers is their business. They aren't required to show you their customer contracts, and their customers certainly aren't obligated to show you their contracts with their customers.
If you have questions about how you should proceed in your work with Company C, you should talk to your boss at Company A. And if you think understanding aspects of the contract between Company B and Company C would help you do your job better, you need to bring that up with Company A. They can choose to help you understand better or not, but they have already indicated that they won't try to get the contract for you.
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
suggest improvements |Â
up vote
4
down vote
up vote
4
down vote
Right to view contract details between employers
You have a right to discuss the contract that exists between you and Company A. They are your employer, they pay your salary, your employment agreement is solely between you and company A. You are obligated (under financial penalties) to abide by the terms of that contract.
Whatever contracts exist between Company A and their customers is their business. They aren't required to show you their customer contracts, and their customers certainly aren't obligated to show you their contracts with their customers.
If you have questions about how you should proceed in your work with Company C, you should talk to your boss at Company A. And if you think understanding aspects of the contract between Company B and Company C would help you do your job better, you need to bring that up with Company A. They can choose to help you understand better or not, but they have already indicated that they won't try to get the contract for you.
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
Right to view contract details between employers
You have a right to discuss the contract that exists between you and Company A. They are your employer, they pay your salary, your employment agreement is solely between you and company A. You are obligated (under financial penalties) to abide by the terms of that contract.
Whatever contracts exist between Company A and their customers is their business. They aren't required to show you their customer contracts, and their customers certainly aren't obligated to show you their contracts with their customers.
If you have questions about how you should proceed in your work with Company C, you should talk to your boss at Company A. And if you think understanding aspects of the contract between Company B and Company C would help you do your job better, you need to bring that up with Company A. They can choose to help you understand better or not, but they have already indicated that they won't try to get the contract for you.
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
answered Jan 22 '15 at 12:29
Joe Strazzere
223k106656922
223k106656922
suggest improvements |Â
suggest improvements |Â
1
i... i started writing a long answer to this, but it got too depressing. in point form! 1. you aren't liable for contracts A-B, or contracts B-C. You only signed the contract between yourself and A, so they and only they are the terms you can possibly violate. 2. You absolutely have to forge great relationships in this current gig and then leave after a year or so. 3. Never ever be a multi-contracted person again (A,B,C! Too many!) you are losing money each day, terrible. 4. You will never get to see the contracts B-C or A-B, because then you'll see how much you're getting ripped off.
– bharal
Jan 22 '15 at 15:44
2
Also, that's a pretty hefty penalty they've added... you should absolutely get that checked out by an employment lawyer. I cannot imagine it is enforceable, but i'm not a lawyer.
– bharal
Jan 22 '15 at 15:46
1
Also, this comment of yours (see @ChrisLively's great answer) needs to be expanded on - I am being penalized by C (or rather, my manager) for something that all employees between B and C are not. Nobody knows what you mean here. But this comment in itself seems like a valid workplace question (with more details). (Altho almost guaranteed the answer will be "raise it to A)
– bharal
Jan 22 '15 at 15:54