Employment Law Advice - USA employee & UK employer
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- Posted:
- Proposals: 2
- Remote
- #1654831
- Awarded
Description
Experience Level: Intermediate
General information for the business: UK manufacturer of goods sold worldwide into hazardous areas
Description of legal work: We are a limited company with the majority of people employed in the UK. We have one Senior Manager based in Utah, USA. This employee is compensated directly through a payroll intermediary, as opposed to a US entity. He has an employment contract with the UK entity.
At present he has been issued with a UK employment contract which includes clauses around confidentiality and NDA, There is a question around whether this would be legally binding in the US should it be required given that it is a UK document.
We are aware the individual would not be able to pursue any legal claims through the UK Tribunal system, but need to understand whether there are any risks for the UK entity from a US perspective. e.g. could the individual sue the UK entity from the US and vice versa.
We appreciate that US employment law differs significantly and that most relationships are termed 'at will'. We understand the various federal, state and local laws and have a template contract specifically for the state of Utah but have not yet progressed with issuing this as a replacement for the UK contract.
We don't envisage any issues with this particular employee but may go on to employ others through a similar setup. We need to understand our liabilities/risks before doing so.
Extra notes:
Description of legal work: We are a limited company with the majority of people employed in the UK. We have one Senior Manager based in Utah, USA. This employee is compensated directly through a payroll intermediary, as opposed to a US entity. He has an employment contract with the UK entity.
At present he has been issued with a UK employment contract which includes clauses around confidentiality and NDA, There is a question around whether this would be legally binding in the US should it be required given that it is a UK document.
We are aware the individual would not be able to pursue any legal claims through the UK Tribunal system, but need to understand whether there are any risks for the UK entity from a US perspective. e.g. could the individual sue the UK entity from the US and vice versa.
We appreciate that US employment law differs significantly and that most relationships are termed 'at will'. We understand the various federal, state and local laws and have a template contract specifically for the state of Utah but have not yet progressed with issuing this as a replacement for the UK contract.
We don't envisage any issues with this particular employee but may go on to employ others through a similar setup. We need to understand our liabilities/risks before doing so.
Extra notes:
Rachel S.
100% (2)Projects Completed
2
Freelancers worked with
2
Projects awarded
67%
Last project
23 Jun 2018
United Kingdom
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