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Would employee or subcontractor be bound by employers contract if the right to a lawsuit arises?

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Not IC

Junior Member
What is the name of your state? Guam USA

1.) Would an employee be bound by the terms of a contract between employer and customer without knowledge of specific terms?

Example: employer enters into contract with customer and employees perform the work. At no time are they made aware of the terms of the contract. They are employed under basic contracts with no terms except dates and salary.

2.) Would a subcontractor be bound by contractors contract with a customer without specific knowledge of the terms of the cobtract?

Example: contractor is contracted with customer and then hires subcontractor to perform work for customer. The subcontractors contract with contractor only states the parties, that the person being contracted is not an employee and a price list.
 


adjusterjack

Senior Member
Depends on the terms and conditions of the contracts.

And we don't do homework.

If you are in the middle of something that is actually happening, spell it out.
 

quincy

Senior Member
Not IC, do the questions you ask now relate to the questions you asked in one or more of your other 5 threads?

We cannot personally review contracts on this forum and it will take a personal review of the contracts to answer the questions you pose here.

That said, an employee does not (necessarily) need to know the terms of the contracts entered into by his employer. The employee should know the terms of his own contract with his employer. The employee is answerable to his employer.

One of the major elements of contract formation, by the way, is a mutual agreement to its terms.
 

Not IC

Junior Member
Ok this is seperate from the other questions I’ve been asking. This is my own personal situation I’m a subcontractor who is being misclassified. I work for company a who is contracted out to company b. I provide my service to company b, but I’m contracted to company a. Originally I was a employee of company a, but I quit and they needed me so they subcontracted me. The contract I signed with company a just says the parties, a date, that I’m not an employee and a price list. If I filed a suit for misclassification against either one is it at all possible I could be bound by the contract between company a and company b?
 

quincy

Senior Member
Ok this is seperate from the other questions I’ve been asking ... If I filed a suit for misclassification against either one is it at all possible I could be bound by the contract between company a and company b?
Thanks for answering my question, Not IC.

Your contracts need to be personally reviewed in order to answer your question and we cannot do contract reviews on this forum. For that you need to seek out assistance from a lawyer licensed to practice in your own jurisdiction.

That said, you (generally) cannot be held to terms of a contract to which you are not a party.
 

Not IC

Junior Member
Thanks for answering my question, Not IC.

Your contracts need to be personally reviewed in order to answer your question and we cannot do contract reviews on this forum. For that you need to seek out assistance from a lawyer licensed to practice in your own jurisdiction.

That said, you (generally) cannot be held to terms of a contract to which you are not a party.
There are supposedly two contracts one is for the services provided and the other is a NDA. I've only seen the NDA and it has a successor and assigns clause. For the NDA its to protect all the customers confidential information we come across while performing our jobs. Could a successor and assigns clause tie subcontractor/employees of company a to company b's terms? Im worried about if I try to sue and they hold me to the terms of their contract I would have to arbitrate. they even designate what type of rules or a certain type of arbitration. We basically follow FLSA here, as long as it doesn't go against current local laws. Since they require a specific type of arbitration I don't know the effects it would have on the case. I do know arbitration favors the party with more money. I am planning on speaking with a lawyer soon, however I am currently speaking to one about the previous posts I was making and trying to set things up.
 

Not IC

Junior Member
Im also wondering your guys opinion on statutes of limitations for employee misclassification/unpaid wages/unpaid overtime... I know under the FLSA the limit is 2 years back and 3 years back for willful violations. I also know liquidated damages are guaranteed under the FLSA, but from what I read here on Guam it is only guaranteed if it is a willful violation. My situation is definitely a willful violation, but theres no way to prove it. I have two questions and Ill post the link to the local laws:

Question 1 what is the statute of limitations for this case? The local law for statute of limitations gives a 4 year limit for any action based on a written instrument. FLSA varies 2-4 years.

http://www.guamcourts.org/compileroflaws/GCA/22gca/22gc003.PDF

Section § 3116 indicates we follow the Federal Labor Standards Act Field Operations Handbook as long as it doesn't conflict with local law.

Local law regarding statute of limitations http://www.guamcourts.org/compileroflaws/GCA/07gca/7gc011.pdf

I am a subcontractor who is being misclassified. My work is based on a written contract. Local law allows for a 4 year statute of limitations on any written document.

Question 2 Does this mean I could be entitled to treble damages? They don't qualify for about 5 of the equitable defenses and each one says and at the end.

http://www.guamcourts.org/compileroflaws/GCA/22gca/22gc003.PDF section § 3219
 
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