Deputation from the UK to the USA
#1
Just Joined
Thread Starter
Joined: Feb 2014
Posts: 4
Deputation from the UK to the USA
Hi, i am new to this forum and urgently seeking some assistance! I am a UK National, my employer is one of those (large) Indian IT Outsourcing companies although my employment contract is a UK based one. I have been working in the US for 6 months and now they want me to stay for at least 2 years. Over the last 6 months i have still received my salary into my UK bank account and transferred the money (at my own cost) over to the US each month. Heres the problem. My company have said i need to accept a US based contract which means losing all my UK benefits like, medical, life assurance, disability, holidays etc and also to take a 25% cut in salary for being in the US. I have exacerbated negotiations with my HR counterpart in the US and i am close to calling it a day and going home. Does anybody know of any advice or legal clauses i can use to fight my corner? The company have confirmed (in writing) that they do NOT have a policy to cover deputations of UK nationals to the US and they are basically 'making it up' as they go along. Any help would be very very much appreciated. All the best Terry
#3
Just Joined
Thread Starter
Joined: Feb 2014
Posts: 4
Re: Deputation from the UK to the USA
Hi Rene, yes i am in the USA on a L1 visa
Thanks
Thanks
#4
Re: Deputation from the UK to the USA
If you try to fight them, legally, I don't imagine they'll be inclined to keep you on board. As soon as you mention lawyers many companies would drop you like a stone unless it's exec level.
I feel that you'll just have to weigh up the benefits of the package on offer and decide if it's for you or not. Just like most people have to do.
So they're not going to offer an equivalent package from your current one, with holidays, vacation, health cover etc?
Do you have any leverage? Rare skill, or managing a current important project for example?
I feel that you'll just have to weigh up the benefits of the package on offer and decide if it's for you or not. Just like most people have to do.
So they're not going to offer an equivalent package from your current one, with holidays, vacation, health cover etc?
Do you have any leverage? Rare skill, or managing a current important project for example?
Last edited by Hotscot; Feb 12th 2014 at 4:25 pm.
#5
Re: Deputation from the UK to the USA
I agree with hotscot - you can't force them to offer you something else, so you accept it, negotiate it, or cut loose.
#6
Just Joined
Thread Starter
Joined: Feb 2014
Posts: 4
Re: Deputation from the UK to the USA
Thanks for the replies. In short i was brought to the US to manage a strategic growth account as the client wanted a native English speaker as their Program Director (AKA Me)! My main bone of contention is that there is NO policy in place so its HR saying 'thats the best we can do' and my UK contract states that the terms will be mutually agreed in writing prior to departure
Thanks
Thanks
#7
Re: Deputation from the UK to the USA
Terry
I can sympathise but honestly the best you can do is negotiate the most favorable package you can.
Even with the clause you mention...yes, in theory you could go over that with a lawyer but they'd just drop you rather than get involved in a legal issue.
You can be absolutely correct in what you say regarding your agreement. It doesn't matter. Generally whatever HR says , goes.
You can even sue them. But that will get you nowhere except poor and unemployed, fast.
You have to decide if you really want to stay in the US or go home.
If you do want to stay there may be leeway to improving your package. For example having them agree to applying for a GC and then you can work for someone else if you wish.
(I just remembered you said 2 years extension...some one more knowledgeable on the forum can advise on possibilities within that time frame.)
I can sympathise but honestly the best you can do is negotiate the most favorable package you can.
Even with the clause you mention...yes, in theory you could go over that with a lawyer but they'd just drop you rather than get involved in a legal issue.
You can be absolutely correct in what you say regarding your agreement. It doesn't matter. Generally whatever HR says , goes.
You can even sue them. But that will get you nowhere except poor and unemployed, fast.
You have to decide if you really want to stay in the US or go home.
If you do want to stay there may be leeway to improving your package. For example having them agree to applying for a GC and then you can work for someone else if you wish.
(I just remembered you said 2 years extension...some one more knowledgeable on the forum can advise on possibilities within that time frame.)
Last edited by Hotscot; Feb 12th 2014 at 4:47 pm.
#8
BE Forum Addict
Joined: Oct 2007
Location: Charlotte,NC
Posts: 1,717
Re: Deputation from the UK to the USA
How do you deal with US taxes.? I thought you had to be on the US office payroll?
No advice to offer but it is disheartening when they change the goalposts - this happened to me with my L1 employer and I walked away.
No advice to offer but it is disheartening when they change the goalposts - this happened to me with my L1 employer and I walked away.
#9
Just Joined
Thread Starter
Joined: Feb 2014
Posts: 4
Re: Deputation from the UK to the USA
Good honest advice thanks. Although i completely agree with it and i guess you are right it boils down to the basic principle of do i (and my family) want to stay in the US or go back to the UK, the rest is pretty much then decided by default! Thanks for the reality check. It still sucks but thats life i guess!
All the best
All the best
#10
Re: Deputation from the UK to the USA
Good honest advice thanks. Although i completely agree with it and i guess you are right it boils down to the basic principle of do i (and my family) want to stay in the US or go back to the UK, the rest is pretty much then decided by default! Thanks for the reality check. It still sucks but thats life i guess!
All the best
All the best
#11
Re: Deputation from the UK to the USA
You mentioned medical being a UK benefit. Do you actually have any US cover? If not, it might not be valid.
Plus your taxes must be a nightmare.
If you switch to H1B, the OH won't be allowed to work, so that could be another big consideration.
Still, as others have said, it's a case of suck it up or leave.
Good luck!
Plus your taxes must be a nightmare.
If you switch to H1B, the OH won't be allowed to work, so that could be another big consideration.
Still, as others have said, it's a case of suck it up or leave.
Good luck!
#12
Re: Deputation from the UK to the USA
If you're still on the UK payroll you may have an advantage that if they fire you altogether you might have a case for unfair dismissal in the UK. Worth a consultation with a UK employment lawyer perhaps?
#13
Re: Deputation from the UK to the USA
So at this point they have to put him on the US payroll or return him to the UK, they have no choice legally. And the effect of putting him on the US payroll are the problems he's experiencing with the US branch of the company he is working for.
If you're still on the UK payroll you may have an advantage that if they fire you altogether you might have a case for unfair dismissal in the UK. Worth a consultation with a UK employment lawyer perhaps?
I would argue the point with HR about the salary and vacation time, I would think those are the two points where they have the most flexibility. After all they're paying him that much now.
#15
Re: Deputation from the UK to the USA
I would assume that the new US contract includes some amount of vacation days, and health/disability insurance? Its always been my professional experience that I have received vacation and health insurance (for myself and spouse) from all of my employers. Its just a matter of if you want to accept your new terms of employment and whatever benefits they give to employees in the US.