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USA new hire

Emma

| 0 Posts

20 Apr, 2022 08:12

Hi 

I am looking for some help in regards a new recruit. 

We a Global Company operating from UK.  Our CEO has offered employment to a USA resident and wants to get him a contract etc. 

Our Company have a US Bank Account and an entity in USA however we have never recruited anyone here.  

I have a 'generic' at will contract on our HR system but very nervous as I am not familiar with any legalities in the US and told this varies in each state.  The cost of using an Employer of Record is very expensive however is it worth doing this until we test the water there or simply outsource the payroll for now? 

Any help, tips or suggestions very welcome. 

Emma 

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  • David

    | 0 Posts

    20 Apr, 2022 08:51

    Hi Emma

    It would be highly inadvisable in the extreme to even attempt to proceed without seeking proper advice about all the many and complex aspects of this proposed employment. There are UK expatriate employment advisers such as Employment Conditions Abroad or Mercer’s but ultimately to make it actually happen you’d need the services one way or another of a sound employing entity in the USA. Was the possibility of this person becoming a self-employed overseas agent who could simply then invoice your company for their services explored?
  • Emma

    | 0 Posts

    20 Apr, 2022 09:44

    In reply to David:

    Thanks David - I might explore the self employed aspect and we can just pay invoices from our US bank account.
    Business went 100 miles per hour, offered employment and wants it all to magically happen overnight.....
  • Beverley Patricia Clough

    | 0 Posts

    3 May, 2022 15:46

    Hello Emma, having employed people in the US recently I would highly recommend seeking legal advice, the benefits, processes and systems are very different to the UK and can vary from state to state. Good Luck!
  • Anna

    | 0 Posts

    4 May, 2022 12:22

    Hi Emma,

    Some of the international law firms are very costly too, I have previously used the CIPD international helpline to source a local solicitor for advice on contracts etc (not sure if this is just for EU) to get the basics in place and then attended courses like this which reduced our costs. Appreciate a huge law firm can deliver more but sometimes there is just not the budget for this. Using the CIPD international helpline was great and they have 30 minutes free advice then we agreed a further fee for whatever was needed.

    www.eversheds-sutherland.com/.../showevent.page