Employment Law
Business Law
As the HR Manager for the software development company MicroSonic Inc., I was required to retain the services of a headhunter in order to quickly fill the position of a project manager for a federal government contract to develop within one year software for the military. Unfortunately, halfway through the project the position became available because the previous project manager had died of a heart attack.
The headhunter produced information on what appeared to be an ideal candidate named Bill Yates who is currently employed by a leading U.S. software development company with offices in Canada. Bill Yates is a U.S. citizen but is currently working out of country in a Vancouver office. There are 4 legal risks that I will bear in mind when deciding to pursue Yates. These pertain to immigration as related to:
Residency
Taxes
Citizenship
Security and criminal clearance
It is not enough for the recruiter to simply fill the position in this case. MicroSonic Inc. will need to prove the individual meets the requirements of the federal contract as well in addition to the needs of the company. MicroSonic Inc. should focus on not just if they should hire Yates, they should search for reasons not to hire him. For example, in regard to residency, as an American citizen and permanent resident he can be employed in any capacity. But, if for some reason he established permanent residency abroad he may have future travel or Visa concerns.
Another issue is often tax related. Yates, whether knowingly or accidentally, may have given up his existing U.S....
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