Expat employee involuntarily terminated overseas
I am employed by a US multinational (at will)in Bangkok. Due to global downsizing, tens of thousands of emp are being involuntarily terminated.
I have verbally been told that I will be off roll 15/12/01. Nothing in writing. The company is targeting expatriates due to cost reasons.
I have an initial contract which I negotiated 40% of my annual base in the event of invol termination. Although it is not specified in the contract, it was understood to be a three year contract. Subsequent to the completion of the three year contract, I signed an extension of my assignment for a specified period from 22/02/01 through 22/02/03.
Do I have a case to ask for benefits to compensate me for the period of time remaining on my authorized assignment extension?
This invol termination affects my retirement plan benefits, causes extreme inconvenience since we are living overseas with a school age child and we haven't lived in the USA for 30 years. I am hired on an expat package as a USA employee paid in the USA while working overseas.
Answers (1)
Your rights depend in very large part on the explicit terms of the contracts you and the company signed. You should also consider the demographics of those selected for layoff as opposed to those who were not. And, also of relevance is the question of whether there may be an ulterior motive that led to your selection, which may mean that you have a legal right that is being violated. All situations are different, however, and you should not rely on such limited information as you receive in this forum before making any decision. Regardless of what attorney you hire, you do need a detailed analysis of your situation by an attorney skilled in this field. Our firm often provides these services for individuals in similar circumstances to those in which you find yourself. If you would like a consultation, please let me know.
posted by Margaret A. Harris | Sep 23, 2001 2:03 PM [EST]
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