Legal Question in Employment Law in Virginia
Expatriate Employment Contract Violation
In July 2003, I executed a two part employment contract with my U.S. employer. The first segment was a 12 month assignemnt in Thailand and second a relocation to Australia for an undefined period. I was informed two months prior to relocating to Australia that the company was ''restructuring'' their operations in that market (although to my knowledge no changes have occurred) and a relocation would not be necessary. While the company discussed several potential positions, all of them would be considered ''demotions'' to my current one. The company has effectively made my position redundant and left me in Asia without any compensation (severance) or relo for coming home. Now, in order to receive compensation for unused vacation and pension (which they are obligated to pay), I need to sign a waiver holding the company harmless for all future damages. I've worked for the company for over four years in the U.S., Singapore, and Thailand. My past performance has always been rated as above average / excellent. The governing law for my contract is technically Singapore, but my original offer letter was executed in the U.S. (co. HQ in VA) where all of the decisions are being made by senior management. Do I have any legal recourse?
1 Answer from Attorneys
Re: Expatriate Employment Contract Violation
Rather than what law governs the contract(Singapore or U.S), the more important consideration is, precisely, what provision(s)of your employment contract has this company allegedly violated, if any?
And, if there has been such violation(s), what are your realistic damages?
Unless you can provide substantive and compelling answers to the above questions, in all probability you would likely be well advised merely to execute the waiver and move on.
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