Got a training contract offer, but there's a problem

B1806

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Dec 31, 2019
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So, I already mentioned this in a previous thread, but I will be going to a US law school as part of a dual degree next year. This effectively means that instead of graduating in 2022, I will be doing so in 2023 and will have both an LLB and a JD. I recently received a call from a City law firm offering me a training contract after the completion of their vacation scheme. This puts me in a huge bind. I'm assuming that they would be willing to defer my training contract by a year (I've heard of firms doing this), so the 2023 graduation date probably isn't that big of a problem. The problem is whether I should accept the offer or not. In late July, I will be interviewing for summer associate positions at a number of US firms through on-campus interviews or OCI (which is the way recruitment works in the US, at least at top law schools). The success rates at OCI are extremely high (only about 10% of people DON'T land a summer associate position by the end of it) and I think I should probably be fine. That said, it's not guaranteed. Because of this, I'm contemplating accepting my training contract offer, but that would mean I would be unable to accept work in the US since I would be bound by my contract in London. An additional problem is that the compensation offered in London is just not enough to cover the costs of law school (which, altogether, will probably end up costing around $185k, i.e. £134k).

What should I do in this situation? Is it possible to ask the firm that's giving me the offer to give me additional time (i.e. until after all my OCI offers or lack thereof are in), as well as deferring my start date? Should I just accept the offer?
 

Dheepa

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    I think most people on dual JD-LLB programme accept the offer and then go on to apply/interview for the summer associate programmes too. I’m not sure how summer associate programmes work but aren’t they just an internship with the opportunity to be made a job offer at the end? I don’t think an internship alone would contravene your TC offer terms and unless the US law firm asks you to disclose that kind of thing you’d technically be in the clear? Obviously not an expert but another option could be to message people on LinkedIn who did the dual programme and received TC offers beforehand?
     
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    Jessica Booker

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    So, I already mentioned this in a previous thread, but I will be going to a US law school as part of a dual degree next year. This effectively means that instead of graduating in 2022, I will be doing so in 2023 and will have both an LLB and a JD. I recently received a call from a City law firm offering me a training contract after the completion of their vacation scheme. This puts me in a huge bind. I'm assuming that they would be willing to defer my training contract by a year (I've heard of firms doing this), so the 2023 graduation date probably isn't that big of a problem. The problem is whether I should accept the offer or not. In late July, I will be interviewing for summer associate positions at a number of US firms through on-campus interviews or OCI (which is the way recruitment works in the US, at least at top law schools). The success rates at OCI are extremely high (only about 10% of people DON'T land a summer associate position by the end of it) and I think I should probably be fine. That said, it's not guaranteed. Because of this, I'm contemplating accepting my training contract offer, but that would mean I would be unable to accept work in the US since I would be bound by my contract in London. An additional problem is that the compensation offered in London is just not enough to cover the costs of law school (which, altogether, will probably end up costing around $185k, i.e. £134k).

    What should I do in this situation? Is it possible to ask the firm that's giving me the offer to give me additional time (i.e. until after all my OCI offers or lack thereof are in), as well as deferring my start date? Should I just accept the offer?
    Seems like two stages here.

    Ask for the deferral - the firm could say no to that. Sounds like that would make a decision for you.

    If they say yes to the deferral (they will probably want to know what you are up to though but will probably be supportive if it’s for a JD anyway), then consider accepting the offer.

    You could accept and then renege (unless you have taken some form of financial support/incentive from the firm - and even then you could pay it back).
     
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    B1806

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    Dec 31, 2019
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    I think most people on dual JD-LLB programme accept the offer and then go on to apply/interview for the summer associate programmes too. I’m not sure how summer associate programmes work but aren’t they just an internship with the opportunity to be made a job offer at the end? I don’t think an internship alone would contravene your TC offer terms and unless the US law firm asks you to disclose that kind of thing you’d technically be in the clear? Obviously not an expert but another option could be to message people on LinkedIn who did the dual programme and received TC offers beforehand?
    I feel dumb for not having just asked people on LinkedIn straight away! Thanks for bringing that up.

    Seems like two stages here.

    Ask for the deferral - the firm could say no to that. Sounds like that would make a decision for you.

    If they say yes to the deferral (they will probably want to know what you are up to though but will probably be supportive if it’s for a JD anyway), then consider accepting the offer.

    You could accept and then renege (unless you have taken some form of financial support/incentive from the firm - and even then you could pay it back).
    That seems very reasonable, although I assume it is far from a good look to renege on a TC offer after accepting it. Does HR strongly look down on that type of move or is it anticipated some stuff like that will happen?

    Thanks for the replies, by the way!
     
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    Jessica Booker

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    I feel dumb for not having just asked people on LinkedIn straight away! Thanks for bringing that up.


    That seems very reasonable, although I assume it is far from a good look to renege on a TC offer after accepting it. Does HR strongly look down on that type of move or is it anticipated some stuff like that will happen?

    Thanks for the replies, by the way!
    It’s not ideal but plenty of people do it. They’d prefer you to renege than start a TC with them and you leave soon after.
     

    B1806

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    It’s not ideal but plenty of people do it. They’d prefer you to renege than start a TC with them and you leave soon after.
    Thanks again! Just on a final note; the dual degree means that, as I'll be spending 2 years in the US, I will effectively be barred from getting settled status under the EU settlement scheme (I already have pre-settled status). The contract the firm sent me states that the offer is subject to me having the right to work in the UK, so I'm a bit confused here. I know that the firm is a visa sponsor for internationals, so why would it be a problem if I didn't have settled status (i.e., right to work) when doing my TC if they can just sponsor a visa? Note that I would still be eligible to work in the UK with my pre-settled status at the very start of the TC, but I would lose my right to work sort of halfway through. Would they in that instance sponsor a tier 2 visa later on?
     

    Jessica Booker

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    Thanks again! Just on a final note; the dual degree means that, as I'll be spending 2 years in the US, I will effectively be barred from getting settled status under the EU settlement scheme (I already have pre-settled status). The contract the firm sent me states that the offer is subject to me having the right to work in the UK, so I'm a bit confused here. I know that the firm is a visa sponsor for internationals, so why would it be a problem if I didn't have settled status (i.e., right to work) when doing my TC if they can just sponsor a visa? Note that I would still be eligible to work in the UK with my pre-settled status at the very start of the TC, but I would lose my right to work sort of halfway through. Would they in that instance sponsor a tier 2 visa later on?
    You would need the right to work to be able to undertake the training contract - they can't employ you otherwise.

    The "right to work" includes getting a skilled persons visa. As they cannot guarantee you will get a visa (the decision is not up to them) this is a way to protect their interests by saying you need the right to work.

    Its standard terms in any UK employment contract, whether you needed a visa or not.

    In your instance, they would get you a visa from the start of your TC anyway.
     
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    B1806

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    You would need the right to work to be able to undertake the training contract - they can't employ you otherwise.

    The "right to work" includes getting a skilled persons visa. As they cannot guarantee you will get a visa (the decision is not up to them) this is a way to protect their interests by saying you need the right to work.

    Its standard terms in any UK employment contract, whether you needed a visa or not.

    In your instance, they would get you a visa from the start of your TC anyway.
    That makes perfect sense and absolutely lays my concerns to rest. Thanks again!

    And apologies for displaying an utter lack of legal knowledge on this question!
     

    Jessica Booker

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    That makes perfect sense and absolutely lays my concerns to rest. Thanks again!

    And apologies for displaying an utter lack of legal knowledge on this question!
    No worries - it is all a bit confusing, especially when it comes to your first "proper" job offer. I get loads of queries like this all the time and I am just super blase about it all after dealing with these things for far too long 😆
     
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