nsscott

This may be better suited to the US forum but thought I would start here as I am going to be resident in Canada!

I am a dual Brit/Canada citizen currently residing in UK. I'm looking to take a 12 month contract with a Florida-based company but work remotely in New Brunswick to be close to my ailing mum. I have the contract and want to take advice from someone familiar with Florida employment laws.

I'd be grateful if anyone has any suggestions preferably based on experience.

Many thanks,

Scott

DandNHill

If you need advice on Florida law...I would contact a Florida lawyer. It's great to get advice on here but not when it comes to something legal. You want to make sure you get the right advice...not opinions

nsscott

Thanks for the reply!

I was kind of looking for a recommendation for a Florida lawyer or a firm specialising in that kind of law. I figured a recommendation would be better than me playing Google-Roulette!

DandNHill

Ah yes, google roulette... Can't help you there so good luck with that

christmasoompa

I'm going to move this to the US forums as they're far more likely to be able to recommend a lawyer in FL hopefully.

Good luck.

Guindalf

Peersonally, I can't help, but I know a lawyer in Florida, but I don't know his specialties. I have sent him a message and when I get an answer, I'll let you know.

Michael

Personally I don't think it has anything to do with US or Florida law since it appears that the company is out sourcing the job to someone overseas. In that case, labor laws in the US shouldn't apply but instead Canadian labor laws.

Pulaski

I agree, if you're not working in Florida then Florida labor laws aren't relevant. From what is described, it sounds more like the OP is going to be an independent contractor not an employee. The biggest matter therefore is the payment of appropriate local income taxes and other employment deductions in Canada.

FWIW Employment law in Florida can be summarised as: you agree to show up and work, and do as you're told, and you get paid, until such time as your employer doesn't want to continue with the arrangement, when they are fully entitled to tell you to bügger off. It's known as employment "at will".

Michael

I don't think that even applies to the US/Florida since he will not be working in the US. Canadian taxes and labor laws would likely be be his main concern.

Pulaski

Sorry, yes, that is exactly what I meant, but I was hurrying and forgot to note that I meant taxes and deductions locally where the work is being performed, i.e. in this case, Canada.

Guindalf

This is the guy my friend referred me to...

http://www.avvo.com/attorneys/33324-...s-1269695.html

May be able to give a better insight.

Yorkieabroad

I think it depends how the contract is written, and I would say it is well worth speaking to a lawyer in Florida about it for peace of mind, if you have concerns. Years ago, my wife was employed by a US company, whose head office was in <US State>. Her employment contract was written in <US State> with <US State> law stipulated. She was immediately expatted to the Far East, and only ever attended the <US State> office for a 1 day orientation. Several years later, the company "let her go" on blatantly discriminatory grounds, not even hiding the fact because the discrimination was permissible in the country she worked. It appeared the management had forgotten she was employed under <US State> law. She used a <US State> lawyer to pursue a claim, which was eventually settled out of court for a not inconsiderable sum.


Ps - that was talking from an employment law position, not tax

Aviator

Are you an employee or a contractor?

You are likely going to fall between the gaps here, as a resident of Canada, you would find it hard to press an employment case in the US as a none resident (and without a work permit presumably for the US) and as it is a US firm in the US, Canada would have no jurisdiction.

If you are a contractor then it is a non issue, as employment laws don't apply, just general contract law.

Your tax liability would be to Canada if you are a tax resident of Canada, which is likely the case form what you have stated.

Yorkieabroad

That may well have been a crack that was filled on my wife's case, as she was a USC (albeit a nonresident one) at the time of her case. I don't know the impact that had on the ability to establish jurisdiction in the state in which her contract was signed.

nsscott

Thanks for all the great info!

Yes I will be a contractor not an employee and initially based in the UK while until I move to Canada. I think Aviator's point regard contract law versus employment is a good pointer for me; I hadn't considered the distinction.

That said, similar to Yorkieabroad's wife my stint will begin with a site-visit to the Florida office to get up to speed with the project.

Thanks for the link Guindalf, I'll give him a look!