URGENT: Firm Screwed up an Offer, what to do?
Hey Guys,
I'm a Canadian citizen, and was recently offered a 200k per year job at a well known American organization.
The recruiter said it would not be a problem to bring me over under a TN-1 Visa, and extended an offer/contract which I signed. Unfortunately, the recruiter made a mistake; the TN-1 Visa will not work in my situation.
There is no Canadian office, there is no contractor type position, and there is no way to get around this problem as it stands, so it's not possible for me to work for this company in any capacity.
The company realized they made an error: that it cost me my current job, my current apartment, my current salary, outstanding commissions, a ton of other ancillary costs, and psychological stress.
They're sympathetic to my situation, appreciate that I have acted professional throughout this process, and have asked me to pick a dollar value that "would make me whole again."
After adding up everything I listed above, plus the likelihood that it could take me 6 months to find another comparable job, I figured 1 year of compensation would not be unreasonable.
Does anyone have any thoughts?
I don't think they would give you 12 months salary when you literally haven't done a thing for the firm. I think 4-6 months would be reasonable (like a moderate severance package). Think you should be looking at this pay as severance.
I'd also ask for a letter from them that details their error so that you don't raise any red flags when looking for your next job. Can't overstate the value of such a letter. Good luck.
Did you leave a bonus behind? Factor that in, plus 3-6 months salary for opportunity cost, plus some additional "hardship" cost. You can probably research/hire a lawyer that could help you get to a number if this were to go to court.
the other posters here are being ridiculous. the reason the company is asking you to name your price is because the other alternative is for you to hire a lawyer, and he'll name your price for you. and he'll be more aggressive (and it's a slam dunk case). ask for a year, and a written letter explaining the situation. done.
Bingo. They're looking for a cheap way out. Your job is find a $ value that'll be slightly cheaper than what they'll eventually pay after you take them to court.
Agree partially with MBA_Consultant. Might be worth it to consult an attorney. Also, I don't think asking for something like a year has the potential to backfire too much.
Definitely think you should consult with an employment lawyer to get a feel for their take on what a fair number is. Damn sure the potential employer is consulting with theirs and this won t be done on a handshake. You probably be signing a mutual settlement and release of all claims prior to receipt of any cash. What else could they ask for? No disparaging statements, confidentiality terms... Also find out what the tax consequences are and factor that in to your demand. This is one hell of a disappointing situation, I'm sure you will find a new gig and comparable but damn I'm sure this one took time to line up. They should compensate you above and beyond man, they made a huge mistake.
No reason not to contact an attorney. Heck, get a second opinion and contact two. Even if they both charge you a thousand an hour it's well worth it. Make it clear you don't want to sue and just want their advice. Even if you were yourself a practicing attorney, you would still be well advised to consult with another attorney. I'm sure you've heard the adage about lawyers representing themselves. You aren't even a lawyer and are considering representing yourself in a legal negotiation.
My opinion based on nothing really is they will be very happy to settle this for the full 1 year salary and you can probably get another $50k on top without much trouble. A letter where they admit fault is probably not happening.
This. I would recommend getting advice from a respectable lawyer on what he/she would recommend doing. The company does seem co-operative but they will want to reduce this amount as much as possible.
Is there really NO way they could employ you? Even if it took 3-6 months of processing?
An attorney will only complicate matters and cost money. Ask for a year, settle for less if it comes to it, and move on.
The story itself seems very weird though, I must say. As another poster mentioned, there is no way for you to secure a Visa sometime over the next 6-8 months? Really?
Throw out a year, if they offer 2 months go the lawyer route. The problem with a lawyer is that you're going to start burning through legal fees quickly that will most likely come out of your pocket. $200k after taxes isn't a massive amount and, I don't know how many people on here have personally used lawyers, but you can quickly hit 5 figures in legal fees. Have a lawyer look over the document you're going to sign but having them negotiate it or even considering going to court will be costly.
I'm confused also, a "well known American organization" can't do something with a Visa given a few months? My firm, which is not well known, has gotten H1B's for Canadians at a similar salary level in a relatively short time frame and I don't think it was too difficult or costly.
Couldn't have figured out your Visa before they said they can bring you over on a TN-1? Its people like you that make it hard for Canadians to get jobs in the US. Jobs that they can bring you over on: http://canada.usembassy.gov/visas/doing-business-in-america/professions… Notice: Finance is not one of them.
I'm sure if he had known about the Visa issue beforehand, he would've taken care of it. Maybe he did know, and still didn't do anything. Maybe he's an idiot - what does it matter? According to the story, the company made the mistake. How then, in this scenario, is it implied that his actions have a negative consequence on other Canadians trying to get jobs in the US? It's the company's job to know how to navigate the hiring process for their own employee - after all, if they're a large company, they should have a lot of experience in hiring people from all over the place.
Come on, you're smarter than that. Don't be an idiot.
Shithead,
I was speaking with a multi-billion organization and I asked, UP FRONT, "Is it a problem that I'm a Canadian citizen?"
The recruiter, who works for the same company, said: "Nope! We'll be able to bring you over on a TN Visa."
Notice: I never said I was going to work in finance.
Now please do us all a favor and die in a fire.
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