Employment Law Questions? Ask an Employment Lawyer.
1. if the X company says how come you can have the computer though contractor asked you to keep it online?
2. if IBR sues X company that the contractor says he did not work.. but there are emails from contractor mail official mail id.. so X company will sue us..
3. I strongly feel that the contractor is responsible for keeping the computer safe.. if she sent to us to keep it online we just helped her.. but she is changing the plate because she want to be safe inspite of her mistakes...not sure about this?
4. If the X company sue us.. can we sue the Z company?
HiI apologize But I need to opt out as I am not clear on this at all.Another expert will answer youThank you
ok..thanks I will wait for the right expert to answer my question
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i can wait..please try to expedite..
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Sure.. I can provide you all the detail.. Just wondering - is there any way to reach out to you..can you also call us at XXXXXXXXXX as it could be confidential
I will be sending in another 5 mins
I have sent a reply . but that is not showing here.. apologize..
Here is the answers to your question
Who is we? Y is our company1) Is "we" the same company as X? No.. X is the Primary Vendor for IBR. Here is the relation from contractor to the clientContractor (Employee of Z) -->Z company--> Y (our company) ->X company (primary Vendor)-->IBR(implementation partner) ->End Client2) When you say we hired a contractor from Z company, did you pay Z company for that contractor, or did you hire the person directly?Contractor is not directly hired by us..contractor is the employee of Z company.. We did release the payment on this Monday for one particular period as per the due date.. but today we called to Revoke by calling the bank Bcaus the X company who were supposed to make the payment to Y company also revoked the payment3) Is X only a staffing agency or is it a company which specializes in what you hired the contractor from Z to do for IBR? X is a staffing agency4) Clarify the story with the computer? Where did the computer come from in the first place? Contractor shipped the computer to Y company to put in the network so that the contractor can access it remotely as teh contractor got the approval to work remotely5) What exactly was the contractor hired to do for IBR? Developer -Programming\Development of an IT project6) Are you saying that the work that IBR requested from X was completed, although not actually by the contractor? work was completed by the contractor.. but not X..since X is a staffing agency they are only responsible to staff.Work should be allocated \handled by IBR.. now the contractor says "I was on vacation.. and the work was performed by somebody else.. and I have given back the computer 3 weeks back to Y company.." Which Y company did not aware of ..7) is IBR accusing X of not performing the work that IBR hired X to do, because the contractor told IBR that she was actually on vacation during the period that X is billing IBR for? IBR accusing X company that is security breach since the computer(laptop) was only assigned to the contractor to work..since the contractor was a whistleblower, IBR want to find out what went wrong.. now X company is asking Y company, since the laptop was at your network, you are liable for somebody else accessing the system.8) Why did the contractor tell IBR that she was on vacation if she actually was working on the computer?We did some analysis on this.. this is the fact we found out..3 weeks back, contractor called Y company and mentioned that the laptops to Y company requested to connect them in network. When asked the reason,contractor said that work remotely and got permission from IBR project manager. Y company did that accordingly.Last week, we received a mail from a person(Kiran??) from India mentioning that he has been working on contractor machines from the day one contractor joined the project. Kiran was hired by the contractor unofficially..Kiran mentioned that he has not received the payment from contractor so far for his 9 weeks of work and contractor is not responding to him. He said that he is contacting us based on the understanding that the contractor was placed through Y company.Y company got the mail from Kiran??on Tuesday afternoon and Y company tried to reach contractor immediately. Finally Y company could reach contractor Tuesday night and asked the contractor what is going on. Initially contractor denied. But after Y company disclosed the details Contractor got scared and started pleading that the career will be spoiled if this comes out. When Y company asked the contractor why you did such a mistake, the contractor also mentioned that 1.."no experinece" on programming, 2..the status on OPT EAD(Student work permit), not on H1 as contractor (and Z company )mentioned at the time of hiring (this is cheating). And also contractor said 3..Z company is one of very close relative company and jsut finished some IT course training. And also the contractor agreed that somebody else took the technical interview on contractor behalf.. So the contractor 7 years experience on the required programming is false.After getting the project Contractor has hired 3 strong resources in India with Z company help and provided all the credentials to access the system. Contractor agreed that misused project lead and project managers names at the time of hiring these candidates in India and all along the way. While this conversation, Contactoralso mentioned that 4..went to India for for brother’s wedding without informing anybody . and managed to work on the project with these resources help. Contractormentioned got back from India 2 weeks back. Contractor intention was to pay the resources once get back the paychek. Y Company manager come to a conclusion this is a breach of contract by the contractor and our side as well, since we placed the computers in our network. So we asked the contractor to quit immediately. That’s when contractor sent out the mail to IBR, starting that sick and will not be able to continue to work.We thought we would put a full stop for this whole mess by asking contractor to quit. But instead contractor turned around and started talking to IBR. and also contractor lied to IBR that Y company entered the wrong timing in the timesheet to IBR from the laptop. So now Company X called Y company and mentioned that IBR wants to press Charges.And in turn X company want to press the charges againt Y company.
Thanks for the detailed info. Though I have some more questions, I would prefer to ask that after finishing this.. would that be ok to continue the discussion after I am making the payment.. so that you can consider my forthcoming questions for new thread.. based on your suggestion I will finish this..
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