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employee contract

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Leslierosy

Junior Member
What is the name of your state?North Carolina
I would appreciate some help. My husband has been with his firm for 25 years and has done several overseas moves for them. We were last in Georgia for 4 years and he was asked to take on a position in Malaysia. He declined but after much pressure agreed on the condition that we would be relocated to Britain afterwards and that there would be a suitable position for him. The contract was signed in North Carolina and he was issued a letter on a company letter head by the Senior vice president stating that he would be relocated "to a suitable position within the company in the United Kingdom at the end of his contract". The contract is ending at the end of July this year and my husband phoned the HR director only to be told that as they are restructuring in Europe/UK he was not optimistic that a position could be found for him. Our problem is that we sold our house in the States expecting to be moved to Britain afterwards and now don't even have a country to go to (we have moved to 3 countries in the past 10 years). Does this constitute a breach of contract? Can we consult a lawyer here in Malaysia or is there a problem with it being a contract from North Carolina? What scares me is that the company has not said in so many words that they are laying him off but have hinted strongly at this. My husband will obviously not resign as he would lose any severance pay that way. There is nothing with regards to severance pay in his contract but we know other people who were laid off in the States got a package. Does this set a precedent? Can my husband insist on a letter from HR stating what his position is with regards to being retrenched? I apologise for all the questions and would be extremely grateful for any advice that you could give me. It is very scary especially as we are stuck in a foreign country on the other side of the world.
 


cbg

I'm a Northern Girl
There's really no way for us to know if the letter he received reaches the level of a contract without seeing it. I suspect you will need to show it to a lawyer in the US; Malaysian law does not apply here. While he can request something from HR clarifying his status I do not recommend insisting; if his position is precarious from the re-structuring too much insisting could clarify his position right out the door.

As for severance, it is not required by law. Barring a contract that says otherwise they have no legal obligation to offer it. Whether or not the others who received one create a binding precedent is something else you will need to discuss with a lawyer in NC.
 

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