Any one know corporate law
Oct 11th 2008, 1:48 am
#16
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Re: Any one know corporate law
How can you be laid off and then accept a transfer with the same company. Something doesn't sound right, or I'm not following the exactly scenario here. I guess he's resigning from the UK side and accepting a contract with the USA side. But if he resigns, doesn't it mean he doesn't work for that company anymore?
Rene
Rene
But it's not the same company. It's in the same corporate "family". Normally people don't get VR when they transfer, but again normally a transfer carries clauses that allow repatriation to the home entity.
This person is taking VR from the U.K. side of the business and presumably joining the U.S. side on local terms and conditions with no right to a return to the U.K. corporation - not a problem in itself as long as this is well understood and accepted.
Oct 11th 2008, 9:06 am
#17
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Re: Any one know corporate law
Not a financial services company is it? Why would you take 14,000 quid from a company which you are not really entitled just because you are going to work at the US corporate. If it smells bad, to me it is bad and this smells bad.
Isn't someone else more needy entitled? Just because the company policies are poor, doesn't mean you have to exploit it. just imagine when another HR employee realizes your trick (albeit legitimate) and tells a few people - your new "employer" might not like your ethics. Noir might your colleagues. Be careful.
Just my thought...
Isn't someone else more needy entitled? Just because the company policies are poor, doesn't mean you have to exploit it. just imagine when another HR employee realizes your trick (albeit legitimate) and tells a few people - your new "employer" might not like your ethics. Noir might your colleagues. Be careful.
Just my thought...
The fact that i have negotiated a transfer to the US is a Bonus, they have put a hold on company travel so relocation is going to be at my own expence so the £14K will help out nicely thank you
Steve
Oct 11th 2008, 4:51 pm
#18
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Re: Any one know corporate law
Me, too. You have to be working for the company in order to get a transfer on a L-1 so if you are made redundant, then you no longer work for the company and can't accept a transfer. If you accept the transfer and are working for the same company, only in a different office, then where does the redundancy come in?
Believe USCIS would have a problem with this if it were made known to them.
Oct 11th 2008, 4:53 pm
#19
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Re: Any one know corporate law
But it's not the same company. It's in the same corporate "family". Normally people don't get VR when they transfer, but again normally a transfer carries clauses that allow repatriation to the home entity.
This person is taking VR from the U.K. side of the business and presumably joining the U.S. side on local terms and conditions with no right to a return to the U.K. corporation - not a problem in itself as long as this is well understood and accepted.
This person is taking VR from the U.K. side of the business and presumably joining the U.S. side on local terms and conditions with no right to a return to the U.K. corporation - not a problem in itself as long as this is well understood and accepted.
But will the USCIS understand and accept this? IMHO the word "transfer" would be an issue since you can't transfer if you aren't employed.
Oct 11th 2008, 4:58 pm
#20
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Re: Any one know corporate law
But it's not the same company. It's in the same corporate "family". Normally people don't get VR when they transfer, but again normally a transfer carries clauses that allow repatriation to the home entity.
This person is taking VR from the U.K. side of the business and presumably joining the U.S. side on local terms and conditions with no right to a return to the U.K. corporation - not a problem in itself as long as this is well understood and accepted.
This person is taking VR from the U.K. side of the business and presumably joining the U.S. side on local terms and conditions with no right to a return to the U.K. corporation - not a problem in itself as long as this is well understood and accepted.
Not sure if it is legal and above board so just on here for advice
Cheers
Steve
Oct 11th 2008, 5:00 pm
#21
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Re: Any one know corporate law
I am and will still be employed at the time of transfer, the VR only kicks in as my notice period ends as i say it is all in the timing
Oct 11th 2008, 5:02 pm
#22
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Re: Any one know corporate law
Me, too. You have to be working for the company in order to get a transfer on a L-1 so if you are made redundant, then you no longer work for the company and can't accept a transfer. If you accept the transfer and are working for the same company, only in a different office, then where does the redundancy come in?
Believe USCIS would have a problem with this if it were made known to them.
Believe USCIS would have a problem with this if it were made known to them.
Steve
Oct 11th 2008, 7:38 pm
#23
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Re: Any one know corporate law
put it this way - even if he doesnt do the VR - the company is handling the L1 transfer by his resignation from one company and joining another. The VR is a side issue to this. didnt pepjm1 say he had to resign from one and join another when he came over!
Oct 11th 2008, 7:48 pm
#24
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Re: Any one know corporate law
Thanks for all the comments
Steve
Oct 11th 2008, 8:32 pm
#25
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Re: Any one know corporate law
I do not see the problem, just make sure you are visa and contractually good to go with the US company before taking VR from the UK. You are accepting a sum of money as consideration for giving up certain protected employment rights.
I have come across a few situations where people have been caught in the middle. Not so nice.
I have come across a few situations where people have been caught in the middle. Not so nice.
Oct 11th 2008, 8:37 pm
#26
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Re: Any one know corporate law
I do not see the problem, just make sure you are visa and contractually good to go with the US company before taking VR from the UK. You are accepting a sum of money as consideration for giving up certain protected employment rights.
I have come across a few situations where people have been caught in the middle. Not so nice.
I have come across a few situations where people have been caught in the middle. Not so nice.
Thank you that is just the advice or should i say reasurance i need work says go for it no problems but i dont think they realise how important it is to stay sqeeky clean with USCIS
Steve
Oct 11th 2008, 8:53 pm
#27
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Re: Any one know corporate law
When you leave the UK they give you a good bye pay off for a consideration.
Oct 11th 2008, 9:10 pm
#28
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