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Telecommuting from Japan to California - Is it possible?
clambake asks: "Well, the long and short of it is I'll be moving to Japan next month as my wife is returning to finish her Master's degree in Tokyo. I have an excellent job now in Silicon Valley, and I'd love to keep working here from abroad, but it looks like California lawmakers have it out for me. Despite my company's willingness to keep me on, the labor laws make it very difficult, if not impossible, to do so when I don't physically work in the country. I can't work as a contractor for my own company either, as there are laws in place to 'protect' me from my employer trying to demote me to contractor to save on paying benefits. Is there anyone out there who's been through a similar situation and who would be willing to post their success or failure stories?"
You can't do it unless your company has a branch office in Japan. Period. End of story.
This isn't a matter of the California government trying to screw you, it's a whole combination of factors from the INS to the IRS to your state government on down the line that has set the system up this way.
The only way you could do this, without expanding your company's business presence overseas is to quit and start your own company in Japan. Then you could work as a contractor for your former employers. Of course, that opens up a whole bunch of nasty international trade problems with the Japanese and U.S. governments. Bottom line is that if you don't know what to do now, starting a company to work as a contractor for your old company is going to very difficult and time consuming and not worth the effort.
The real question here is why does your wife want to study in Japan for her Masters? Is she not proficient enough in English to take a Master's program in the U.S.? The Japanese educational system is notorious for its lack of quality and the post-secondary educational system is a joke. It would be better, IMO, if she stayed in SV and studied at one of the local universities (Stanford?).
If you do decide to move to Japan, realize that it is a nasty country with nasty people living in cramped conditions. Having lived here for 4 years I can vouch for that much. There are fine people here, of course, but the vast majority of people are assholes. Unless you've lived in LA or NY, it may come as a culture shock.
If you can help it, don't move to Japan. It won't be a learning experience. It won't be fun. It will be a pain in the ass every single day. And you will regret your decision soon after your arrival.
Not trying to talk you out of moving, of course. I'm just trying to give you my opinion on the matter.
Number one! Why would you ever want to leave
California anyway. I did 20 years ago and am
still sorry as hell for that.
Number two---be glad----be verry glad that
at least California looks out for its citizens
with regard to 'contractorization'. If you
like being exploited, move to Michigan! There
the employers can contract you at will! You
might really get your way and have you and
your job moved to China where you can work for
the princely sum of 40 dollars per month and
40 lashes per hour if you do not work fast
enough!