# Contract negotiation



## MalloryCat (Nov 17, 2008)

My partner has been offered a fantastic job in New York and it looks like he is going to take it. 

So in January we will be packing up and moving to the US. The company he is going to work for will arrange the move, visas etc so that should not be a problem.

My question is, when negotiating his contract of employment are there any additional benefits he should ask for e.g. medical insurance , company car or anything he should negotiate out of his contract , notice period , repayment of relocation expenses etc.

I ask because we moved to Switzerland a few years ago and were royally screwed by not adding in all the additional stuff, expensive health care, very high cost of living etc

Any ideas would be very welcome

Many thanks, 

MC


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## Bevdeforges (Nov 16, 2007)

Hi and welcome to the forum.

The first big difference between the US and the UK (or anywhere in Europe for that matter) is that generally you don't get a true employment contract. What he will get is an offer (which should result in a written offer letter), but this just deals with the specifics of the job they are offering him. And at that, it usually only covers the conditions at the time of the offer (i.e. starting conditions). If he's in "golden parachute" territory, he may get a real contract, but in this economic climate there's no guarantee.

The conditions that should be spelled out include: starting salary, relocation terms (including whether or not they will pay for repatriation if the job doesn't work out for any reason - usually limited to the first year or two) and any particular benefits ("perks") of this position. Company cars are normally limited to sales people who are expected to drive to customers, or to very high level executives (but then they usually get a driver, too).

He might want to ask about tax assistance, at least for the first year or two. The first year is the toughest, with part-year returns for both countries to figure out. The second year you can use as a model for doing your own returns after that. (Or finding your own tax adviser.) 

Health insurance is usually a matter of company policy and applies to all employees (or none) so won't enter into the offer letter except for possibly a brief mention. Retirement funds are handled the same, though there may be an executive bonus plan and if his job makes him eligible for it, that will be mentioned in the offer letter.

It wouldn't hurt to have the company indicate in writing what sort of visa they are getting for you (both). As a "trailing spouse" you may or may not be able to work, and if you aren't married, you want to be very certain of what your visa status is going to be because the US doesn't normally recognize "life partners" without the standard ceremonies.

One word of warning, too. Offer letters can be rescinded, even after they have been signed by both sides, right up to the day he starts work. This is normally only done to new recruits, fresh out of university, but in the current economic environment he might want some sort of assurances in writing (like the promise to pay for repatriation should the job disappear for any reason in the first year or two).
Cheers,
Bev


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## MalloryCat (Nov 17, 2008)

Thanks Bev,

One of the things that does worry me is the current economic climate , we might get there just to find that the job disappears. I will see they can add some words of security into the job offer , re-partition is a very good idea.

I am also hoping to find work in America so the visa I important , we might even have to get married !

thanks,

MC


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## Fatbrit (May 8, 2008)

MalloryCat said:


> So in January we will be packing up and moving to the US. The company he is going to work for will arrange the move, visas etc so that should not be a problem.


This bit worries me. The only visa that would seem to work in such a time scale with the facts given by you would be an L1 -- but to qualify for this he has to have been working for the same company for at least one year in the last three. If you want the accompanying spouse visa, that's an L2 but you'll need to be married for that. Otherwise you'll be stuck on a B1 -- which isn't very pleasant. 

It's not unknown for companies to bring folks over on the wrong visa, and for said folks to be jailed, deported and banned. Be very proactive on the visa front.


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## MalloryCat (Nov 17, 2008)

The job is with a multinational so i guess they will arrange his visa correctly, mine however migth be an issue. If i want to be able to work and if my partner wants to be able to work if he should leave the new company then what visas would we need. 

How can i check that the visa situation will/has been arranged correctly ?

thanks,

MC


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## Bevdeforges (Nov 16, 2007)

MalloryCat said:


> How can i check that the visa situation will/has been arranged correctly ?


First of all, is the company aware that you and your partner aren't married? (Due to anti-discrimination concerns, many American companies won't ask a potential hire about their marital status and they may just "assume" he's married if he mentions a "partner.")

If they are aware of your situation, and they're telling you to "trust them" about getting visas for both of you, I would be concerned. It's not a trivial issue and the chance of them being able to get you a work visa if you're not married is pretty close to zero.
Cheers,
Bev


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## twostep (Apr 3, 2008)

MalloryCat said:


> The job is with a multinational so i guess they will arrange his visa correctly, mine however migth be an issue. If i want to be able to work and if my partner wants to be able to work if he should leave the new company then what visas would we need.
> 
> How can i check that the visa situation will/has been arranged correctly ?
> 
> ...


For starters - select rings. 

The "correct" visa depends on the individual circumstances. None of which you have given. Employer sponsored visas are directly tied to a specific employer/job. Normally 10 days after termination by either party to leave the country. 

Were the employer willing to sponsor a green card - marriage and the appropriate waiting period.

All your details - USCIS Home Page


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## Fatbrit (May 8, 2008)

MalloryCat said:


> The job is with a multinational so i guess they will arrange his visa correctly, mine however migth be an issue. If i want to be able to work and if my partner wants to be able to work if he should leave the new company then what visas would we need.
> 
> How can i check that the visa situation will/has been arranged correctly ?
> 
> ...


Ask them, and then tell us on here. The visas and whether or not they will eventually sponsor you for permanent residency should be part and parcel of the contract.

You check on the visa situation by doing your homework, knowing what's required and what the next step is, and keeping on the lawyers back. Not to do so is handing control of your life over to a stranger.

Are you stating he's going to be working for the same company he currently works for?


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## synthia (Apr 18, 2007)

There is a post here from an Australian who is headed home because he lost his job due to the recession.

I would also ask for compensation for costs incurred if, once the offer is accepted (in writing), it is rescinded. If you sell a car, give up a house, and incur other expenses in anticipation of the move, you might get them to promise to reimburse for extra expenses while you get set up again, like a rental car, a serviced apartment while you hunt for a new place, something. Of course, if you leave a job in anticipation, and the offer goes away, there isn't much they can do about that.

Sometimes it's possible to get more than the normal amount of vacation, especially if you are coming from a country that mandates a longer vacation than is customary in the US. It's worth asking, anyway.

If the job is in the auto industry, you can be pretty sure the offer will go away, because the companies may go away shortly. 

If your partner is actually changing companies, I don't see how they could possibly get him a visa in time for January, though.


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