For the purposes of your US company, there really wouldn't be any "employee" in the typical sense regarding a foreign individual (no US contacts whatsoever). The relationship would be contractual. There are variety of international contractual schemes you could choose from to determine the nature of the relationship. For example, they could be an agent, franchisee, distributor, etc. This would determine how the relationship would be treated under US and foreign law, where liabilities falls for financial or civil damages, and other factors. The country of the foreign resident also makes a great deal of difference as to what rights they give their own citizen in such a relationship and what rights the foreign employer might have (many countries are either lax or overprotective when it comes to right to termination, non-compete clauses, etc.). There are also other issues that would come into play, such as your tax liability for profits made overseas, how any disputes might be resolved, your oversight ability, and much more.
Bottom line: It's a complicated proposition based on a contractual relationship. You should consult with an attorney experienced in international business prior to making any final decision, and when drafting the contract.
If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.
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