How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4265
Experience:  Contracts, Wrongful termination and discrimination
17219180
Type Your Employment Law Question Here...
TexLaw is online now
A new question is answered every 9 seconds

we hired a contractor from Z company to staff to X company..

Resolved Question:

we hired a contractor from Z company to staff to X company.. X company again staffed the consultant for IBR..

the contractor started working from offshore while she was on vacation (which she was not supposed to)and later she informed that she did not work duirng the period but somebody else was working..

the computer was sent by contractor during the vacation period was in the network and she accessed it..

since the computer was at our network during the vacation period since she did not return ontime and later she was sick.. per her instruction we returned the computer to IBR..

now IBR started asking X company that the contractor informed them that she did not work during the period and she went on vacation.

now X company started questioning us but we did put in the network per Contractor request. and when X company asked to return the computer we returned it since the contractor was offboarded

now we feel that we are in uninvited trouble.. not sure how to handled if the situation get worst.. please help
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Hi

Thank you for those facts


Please tell me why do you think you are going to get into trouble and what kind of trouble?
Customer: replied 1 year ago.

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?


 


 


 


 

Expert:  Samuel II replied 1 year ago.

Hi

I apologize But I need to opt out as I am not clear on this at all.

Another expert will answer you

Thank you

Customer: replied 1 year ago.

ok..thanks I will wait for the right expert to answer my question

Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy
Customer: replied 1 year ago.

i can wait..please try to expedite..

Expert:  Wendy-Mod replied 1 year ago.

Thank you for your patience. We will continue the search for a Professional for you.

Regards,

Wendy
Expert:  TexLaw replied 1 year ago.
Hi,

I've got to tell you, the way you are describing this fact pattern is astonishingly confusing, that's why your first expert opted out.

Let me ask you some questions to make sure I understand what's going on, and then we will get to your question. I am going to need to go back and forth with you on this four a couple of rounds to clarify.

Who is we?

1) Is "we" the same company as X?

2) 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?

3) 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?

4) Clarify the story with the computer? Where did the computer come from in the first place?

5) What exactly was the contractor hired to do for IBR?

6) Are you saying that the work that IBR requested from X was completed, although not actually by the contractor?

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?

8) Why did the contractor tell IBR that she was on vacation if she actually was working on the computer?
Customer: replied 1 year ago.

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

Expert:  TexLaw replied 1 year ago.
Unfortunately no, we are not allowed by the websiteto directly contact you. I can tell you this, there is no way to identify who you are on by anyone looking at this question. Tell me as much as you can without revealing anything confidential just to try and clarify what's going on. I think I have a good idea, but I just need you to clarify it as much as you can.
Customer: replied 1 year ago.

I will be sending in another 5 mins

Expert:  TexLaw replied 1 year ago.
OK, Standing by
Customer: replied 1 year ago.

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 company

1) Is "we" the same company as X? No.. X is the Primary Vendor for IBR. Here is the relation from contractor to the client

Contractor (Employee of Z) -->Z company--> Y (our company) ->X company (primary Vendor)-->IBR(implementation partner) ->End Client

2) 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 payment

3) 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 agency

4) 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 remotely

5) What exactly was the contractor hired to do for IBR? Developer -Programming\Development of an IT project

6) 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. Contractor
mentioned 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.

Expert:  TexLaw replied 1 year ago.
My goodness, this is a mess.

Let me see if I got it:

IBR needs an IT project performed and contacts X to find an independent contractor to perform the project. X contacts Y to request someone to staff. X and Y have a contract between each other. Y turns around and hires Z for the actual contractor to be supplies all the way up the chain to IBR.

IBR sends out a computer on which the contractor is to perform her work. Y installs the network on the computer and gives it to contractor. Contractor then takes the computer and hires someone else to actually do the work.

The work is done, and it is done correctly, but IBR is concerned because there has been a breach of privacy and confidentiality regarding the access to their network.

Is my summation correct?

You want to know who is liable for what, correct?

In order to sue on a contract, there must be privity (i.e., the party suing must have a contract with the party being sued). IBR only has a contract with X. X only has a contract with Y. Y only has a contract with Z. Z is contractor's employer.

Contractor committed fraud and is liable to X, Y, Z and IBR.

Z breached its contract to Y by failing to make sure that the contractor was qualified, trained and supervised.

Y breached its contract to X by failing to deliver a qualified contractor, as did X breach its contract to IBR.

X,Y,Z, and contractor all owed duties of confidentiality to IBR. IBR may sue EVERYONE for this breach, if there are actual provable damages.

There will be joint liability between X,Y,Z, and contractor for the breach of confidentiality. You (Y) need to point your finger at Z and the contractor, who are both really at fault here.

Expert:  TexLaw replied 1 year ago.
Please let me know if you have any further questions. Please also consider rating my answer positively as I am not paid for my work on your question by the website until you do.

Thanks,
ZDN
Customer: replied 1 year ago.

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..

Expert:  TexLaw replied 1 year ago.
Of course!
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4265
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 3 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
TexLaw
TexLaw
Attorney
759 Satisfied Customers
Contracts, Wrongful termination and discrimination