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Re: Is an 'at-will' contract the norm?
Originally Posted by sherbert
(Post 11579534)
OH has been headhunted and offered a job (pending H1b visa transfer).
The contract offered is an 'at-will' one, which states that he can be fired at any time for no reason with or without notice. The job is based in California and the salary is ridiculously high with a fat golden hello handshake thingy of an amount that makes my eyes water as well as a significant amount of equity (perhaps to gloss over the at will thing?) I feel a bit sick ... but researching around on the ole Internet tells me that this is pretty normal here in the US. Is it? Anyone know? Sherbert Dip |
Re: Is an 'at-will' contract the norm?
Originally Posted by Chrisdc
(Post 11579682)
H1b transfers are not counted in the cap.
Looking over it again, sherbert seems well aware of this, so I guess I'm just asking what solution you've found? |
Re: Is an 'at-will' contract the norm?
Yes, he's going from cap exempt to capped so is going through the lottery. I shouldn't have used the word transfer as it's not a transfer proper.
Is it normal to negotiate contracts? He asked about relocation costs and they said that this is what the sign on bonus is for. I suppose if they would say the same about severance... |
Re: Is an 'at-will' contract the norm?
Originally Posted by sherbert
(Post 11580150)
Is it normal to negotiate contracts? He asked about relocation costs and they said that this is what the sign on bonus is for. I suppose if they would say the same about severance...
How successful you will be depends on how badly the employer wants you (or, in this case, your husband) and how much the employer really thinks that you are worth (as opposed to what they are currently offering). If you don't ask then you won't get anything. You have to decide what risks you are prepared to take based on the compensation being offered. If you feel that the risks currently outweigh the benefits and that is a deal breaker for you then you need to make that clear to the prospective employer. If you think that the current deal is basically OK but you would like more of a safety net then you can still negotiate - just not quite so aggressively. |
Re: Is an 'at-will' contract the norm?
Originally Posted by Pulaski
(Post 11579669)
Union contracts. Tenure (certain jobs in academia and schools). .....
Presumably one has to offset the golden hello and high salary. And anecdotally it doesn't appear to be that simple to sack someone. |
Re: Is an 'at-will' contract the norm?
Originally Posted by Sally Redux
(Post 11580177)
Yes. My husband had a 1-year notice period.
Presumably one has to offset the golden hello and high salary. And anecdotally it doesn't appear to be that simple to sack someone. |
Re: Is an 'at-will' contract the norm?
Originally Posted by sherbert
(Post 11580187)
Yes OH's current contract in academia - no 'at will' agreement was signed. Salary is way above average so we thought this and the golden handshake negates the need for severance pay.
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Re: Is an 'at-will' contract the norm?
Given your chances in the H-1B lottery are not great, have you raised the idea of going straight to a green card? Presumably, he is seeing through this semester, so nothing's happening super-quickly anyway.
Originally Posted by sherbert
(Post 11580187)
Yes OH's current contract in academia - no 'at will' agreement was signed. Salary is way above average so we thought this and the golden handshake negates the need for severance pay.
It will take his current employer (at least) a year to have the position approved and to complete the recruitment process for his replacement. It's worth keeping on the good side of this system... |
Re: Is an 'at-will' contract the norm?
Originally Posted by retzie
(Post 11580214)
Given your chances in the H-1B lottery are not great, have you raised the idea of going straight to a green card? Presumably, he is seeing through this semester, so nothing's happening super-quickly anyway.
At-will or no, it's worth noting that it is considered poor form to quit an academic job with less than a year's notice. Given the lead-time on academic hires is in the region of a year, generally speaking, either party is expected to give a year's notice, eg. when you are denied tenure, you still get another year in the job, so you have an opportunity to go on the Fall job market. It will take his current employer (at least) a year to have the position approved and to complete the recruitment process for his replacement. It's worth keeping on the good side of this system... |
Re: Is an 'at-will' contract the norm?
My last job was 'at will'. They laid off about 5% of the workforce during my time there, without even breaking into a sweat.
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Re: Is an 'at-will' contract the norm?
Originally Posted by sherbert
(Post 11580222)
The new org applied for 15 H1b's last year and got all of them. Obviously I know this is no guarantee but indicates they know their stuff when it comes to application.
The nature of a lottery is random. Skill and track record are not factors, beyond not disqualifying oneself. |
Re: Is an 'at-will' contract the norm?
Originally Posted by md95065
(Post 11579583)
That being said, everything is negotiable, so your husband might want to consider trying to negotiate a guanteed severance package if his employment were to be terminated other than for cause within a certain period of time. You want to make it as expensive for them to bin you as possible so they bin the person in the next cubicle/office instead. Try to get cost of packing/storage and shipping, flights home for family, cover for loss of any deposits, cover for temp housing back in the UK and anything else you can think of. You won't get most of it, but it won't seem so unreasonable if you do end up getting some of it and that's an expense to get rid of you that the person next to you won't have. |
Re: Is an 'at-will' contract the norm?
Originally Posted by retzie
(Post 11580360)
Are you sure they meant they put it a total of 15 petitions and they all received visa numbers in the lottery? A clever lawyer may say that all 15 visa applications (that followed prerequisite success in the lottery) were successful...
The nature of a lottery is random. Skill and track record are not factors, beyond not disqualifying oneself. Lottery, hmmm, I've heard from several sources, including an immigration lawyer, that if you're already in the system you're more likely to be 'picked at random'. Hearsay of course but makes sense to me... |
Re: Is an 'at-will' contract the norm?
And 365 degree turn! The employer has basically retracted the job offer after a contract has been signed! Is this allowed? Do we have any rights?
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Re: Is an 'at-will' contract the norm?
Originally Posted by sherbert
(Post 11585191)
And 365 degree turn! The employer has basically retracted the job offer after a contract has been signed! Is this allowed? Do we have any rights?
Yes, they can do that. Your husband has the right to find another job! :rofl: |
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