Gregory Maxwell wrote:
It is my understanding that if we have true employees in a nation that our organization will have a legal presence in that nation. If we have a legal presence in that nation, we will be subject to the jurisdiction of that nation.
It would definitely require us to have someone familiar with the relevant laws, both U.S. and international, go over such a proposal and tell us what its legal implications are. In particular, employment law is complicated. From a legal perspective, a U.S. entity hiring a foreign employee could be considered outsourcing, and there are some U.S. laws designed to discourage outsourcing which may or may not apply. We would also need to be familiar with employment-related laws in the hiree's country of residence, and plan for them appropriately; for example, countries differ greatly in how easy it is to fire people, and in the kinds of additional requirements or obligations incumbent on employers.
-Mark