E2 sponsored VISA - Employer obligation after lay-off

[Duke1978]

Hello,

I was recently informed (21-Jan) of my contract being terminated after being employed employed for 15 years. It is an international company from France and the business unit I worked in is located in California.

Some context which might help, I moved from to the US from my previous assignment in Sep 2011 and had an expatriate contract for the first 1 1/2 year after which I was transitioned to a local contract. In terms of immigration status, I started of with a L1 VISA and transitioned after 5 years to an E2 VISA because my HR department was unable to secure a green card for me; to that day I still don't have a green card (I still don't understand how it is possible and suspect a lack of professionalism from my HR focal).

This brings me to my current situation; on 21-Jan I was informed on a 15mn telecon (with all other employees impacted) that I was being laid-off as part of a reduction in workforce; the official termination is 2 month away, meaning that I will have 2 month grace period I believe after end of March to leave the US definitively unless I can find a new job in the meantime.

With all that said, I am curious as to what are my former company's obligations as I have little to no trust in their concern for me or other employees; here are a few questions:

- Does my employer have the obligation to pay for my return to my home country (France), given worked 15 years for them and they never "succeeded" in securing my green card?

- The severance package received is 1 week of salary per year with the company; I was wondering if the company as any obligations and whether they need to consider which country I was employed in to compute the severance package.

Let me know if there is anything else I forgot to mention and thank you for taking the time to read this.

Best regards,

 

[quincy]

Hello,

I was recently informed (21-Jan) of my contract being terminated after being employed employed for 15 years. It is an international company from France and the business unit I worked in is located in California.

Some context which might help, I moved from to the US from my previous assignment in Sep 2011 and had an expatriate contract for the first 1 1/2 year after which I was transitioned to a local contract. In terms of immigration status, I started of with a L1 VISA and transitioned after 5 years to an E2 VISA because my HR department was unable to secure a green card for me; to that day I still don't have a green card (I still don't understand how it is possible and suspect a lack of professionalism from my HR focal).

This brings me to my current situation; on 21-Jan I was informed on a 15mn telecon (with all other employees impacted) that I was being laid-off as part of a reduction in workforce; the official termination is 2 month away, meaning that I will have 2 month grace period I believe after end of March to leave the US definitively unless I can find a new job in the meantime.

With all that said, I am curious as to what are my former company's obligations as I have little to no trust in their concern for me or other employees; here are a few questions:

- Does my employer have the obligation to pay for my return to my home country (France), given worked 15 years for them and they never "succeeded" in securing my green card?

- The severance package received is 1 week of salary per year with the company; I was wondering if the company as any obligations and whether they need to consider which country I was employed in to compute the severance package.

Let me know if there is anything else I forgot to mention and thank you for taking the time to read this.

Best regards,

Duke

Your contract needs to be personally reviewed in its entirety. We cannot do contract review and analysis on this forum. Sorry.

 

[LdiJ]

Hello,

I was recently informed (21-Jan) of my contract being terminated after being employed employed for 15 years. It is an international company from France and the business unit I worked in is located in California.

Some context which might help, I moved from to the US from my previous assignment in Sep 2011 and had an expatriate contract for the first 1 1/2 year after which I was transitioned to a local contract. In terms of immigration status, I started of with a L1 VISA and transitioned after 5 years to an E2 VISA because my HR department was unable to secure a green card for me; to that day I still don't have a green card (I still don't understand how it is possible and suspect a lack of professionalism from my HR focal).

This brings me to my current situation; on 21-Jan I was informed on a 15mn telecon (with all other employees impacted) that I was being laid-off as part of a reduction in workforce; the official termination is 2 month away, meaning that I will have 2 month grace period I believe after end of March to leave the US definitively unless I can find a new job in the meantime.

With all that said, I am curious as to what are my former company's obligations as I have little to no trust in their concern for me or other employees; here are a few questions:

- Does my employer have the obligation to pay for my return to my home country (France), given worked 15 years for them and they never "succeeded" in securing my green card?

- The severance package received is 1 week of salary per year with the company; I was wondering if the company as any obligations and whether they need to consider which country I was employed in to compute the severance package.

Let me know if there is anything else I forgot to mention and thank you for taking the time to read this.

Best regards,

I cannot tell you what your employer intends when they speak of severance packages. However, in general most severance packages are based on someone's current rate of pay.

Other than that, your contract should tell you what rights you have and what obligations the employer has.

 

[doucar]

Just realize that unless severance in included in your contract, it is completely optional for the employer.

 

[bcr229]

Just realize that unless severance in included in your contract, it is completely optional for the employer.

And you should consider yourself lucky to get it. I have been laid off twice, no severance, no two months warning.

 

[quincy]

And you should consider yourself lucky to get it. I have been laid off twice, no severance, no two months warning.

I agree that Duke1978 should probably be grateful that his employer is both giving a two-month notice and is offering a severance package, especially if the company is finding it needs to reduce its workforce. Many recent layoffs (often a result of Covid-19 closures) are coming with neither notice nor pay.

But if the company has any obligation to do more than that will depend on the terms of the employment contract. I tend to doubt, however - if Duke worked for the company in the US for 10 years - that the company would be obligated to pay for Duke’s return to France.

 

[LdiJ]

I agree that Duke1978 should probably be grateful that his employer is both giving a two-month notice and is offering a severance package, especially if the company is finding it needs to reduce its workforce. Many recent layoffs (often a result of Covid-19 closures) are coming with neither notice nor pay.

But if the company has any obligation to do more than that will depend on the terms of the employment contract. I tend to doubt, however - if Duke worked for the company in the US for 10 years - that the company would be obligated to pay for Duke’s return to France.

I tend to agree, however it's not outside the realm of possibility that a contract would address that type of issue. After all, this is a situation where the employer transferred the employee to the US but did not follow through with the necessary steps to obtain a Green Card for the employee. Hence, the very real probability that the employee cannot remain in the US and will therefore be forced to return to France.

After 10 years that is not as simple as a plane ticket or tickets back to France. It's moving an entire household. Believe me, that is NOT cheap.

 

[quincy]

Nothing is outside the realm of possibility.

Duke1978 will need to have his contract personally reviewed by an attorney in his area.