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Im a consultant who works on yearly contracts, so obviously

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I'm a consultant who works on yearly contracts, so obviously I sign a one year contract with my consulting company stating my compensation, and my consulting company signs a one year deal with the client, (I believe there is a master agreement as well). Do I have any legal right to demand to see the contract between my consulting company and the client so I know the rate at which I am being billed, and do I have any right to demand to know the provisions in the master contract, (if it's not in my individual one), as to how long they own rights to me, whether there are non-competes, etc.

To summarize with an example: I've been told the consulting company owns the rights to me for 3 years, and I'm trying to find out what they are billing for my services, as well as what, if any, my options are to work for the client under a different consulting company once the 3 years are up.

Thanks
Submitted: 11 months ago.
Category: Employment Law
Expert:  Zachary replied 11 months ago.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

Does your contract with the consulting company in any way incorporate the terms of the master service contract? In other words, does your contract refer to their contract?
Customer: replied 11 months ago.

HI Zachary, Thanks for looking at my question. I should have thought to look for my original contract before asking, (My subsequent contracts have just stated a new pay rate and that all other terms remain the same as original contact), it seems to be the only piece of paperwork from the last 5 years I can't find.


 


So I guess I have to answer with a question, I presume I have a right to ask my company for a copy of that? Thanks

Expert:  Zachary replied 11 months ago.
Sorry the delayed response.

Yes, you do have the right to ask your employer for a copy of the contract that you have signed with them.

Let me tell you where I was going with my questions. First, if the firm you are consulting for does not have a contract with your signature on it, then they cannot hold you to a non-compete agreement. Further, the law surrounding non-competes generally do not allow a third party arrangement to validly set up the non-compete. So I think your employer's statement that the firm owns you for 3 years after you terminate is absolutely without any grounds legally. Even if your contract with the employer states this, I do not think it is valid and I think you could bust it.
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3926
Experience: Contracts, Wrongful termination and discrimination
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