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Terminated from job in US on a temporary assignment

Terminated from job in US on a temporary assignment

Old Dec 6th 2019, 5:57 pm
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Default Terminated from job in US on a temporary assignment

Need advise on my options:

I joined the company in UK in 2012 in 2014 they asked me to relocate to US on a temporary deputation with transfer letter outlining that I would have to return at the end of the assignment. The company got acquired by a Global company in 2015. The new company has offices in several countries including both UK and US. This week the company called me to inform that my employment has been terminated. While they have given basic severance in US. I wanted to get some advise on:

a) Isn’t there an obligation for the company to provide equivalent job in UK since I was sent on a temporary assignment. Can they terminate the employment in US with no recourse in UK?

b) in terms of relocation back to UK, what are the obligations of the company ?

I would really appreciate any advise on this.
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Old Dec 6th 2019, 6:06 pm
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Default Re: Terminated from job in US on a temporary assignment

Sounds like you are in the US on a visa? Which one.

Are you on a UK or IS employment contract?

Basic severance in the US is usually nothing btw.
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Old Dec 6th 2019, 6:30 pm
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Default Re: Terminated from job in US on a temporary assignment

Originally Posted by ReadingRoyal View Post
a) Isn’t there an obligation for the company to provide equivalent job in UK since I was sent on a temporary assignment. Can they terminate the employment in US with no recourse in UK?

b) in terms of relocation back to UK, what are the obligations of the company ?

I would really appreciate any advise on this.
What is in your relocation agreement or contract?

Not completely sure about question a), though I suspect the answer is no. However, for question b), it depends on your relocation agreement. It's quite common to specify in the agreement that relocation and repatriation costs will be paid if laid off. What did you sign before you moved?
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Old Dec 6th 2019, 7:00 pm
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Default Re: Terminated from job in US on a temporary assignment

thanks. I have a US green card.
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Old Dec 6th 2019, 7:02 pm
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Default Re: Terminated from job in US on a temporary assignment

The transfer letter just says I am being transferred on a temporary assignment that can be extended as required and I will have to move back to UK at the end of the assignment.
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Old Dec 6th 2019, 7:06 pm
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Default Re: Terminated from job in US on a temporary assignment

Originally Posted by ReadingRoyal View Post
The transfer letter just says I am being transferred on a temporary assignment that can be extended as required and I will have to move back to UK at the end of the assignment.
That was while you had a visa. You now have a GC and are free to stay in the US and look for alternative employment if you wish. Doesn’t sounds like you had any sort of agreement with the company for repatriation once a PR.
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Old Dec 6th 2019, 8:22 pm
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Default Re: Terminated from job in US on a temporary assignment

Originally Posted by ReadingRoyal View Post
thanks. I have a US green card.
The relocation agreement might say that you have to return, but since you have your Green Card and they have already terminated you, what are they going to do - sack you a second time?

Do you actually WANT to return back to the UK?
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Old Dec 7th 2019, 5:04 am
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Default Re: Terminated from job in US on a temporary assignment

Originally Posted by ReadingRoyal View Post
The transfer letter just says I am being transferred on a temporary assignment that can be extended as required and I will have to move back to UK at the end of the assignment.
I don't think that's the document I'm asking about. There would normally be a relocation agreement. If nothing else, companies do this to protect themselves in case the transferred employee leaves after a week. Maybe you didn't have a relocation contract, but it would be unusual.
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Old Dec 7th 2019, 6:10 am
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Default Re: Terminated from job in US on a temporary assignment

Sounds like that temporary assignment finished a long time ago, do you want to go back to the UK? What does your current Contract say?
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Old Dec 7th 2019, 12:52 pm
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Default Re: Terminated from job in US on a temporary assignment

A key question is who did you really work for: the UK company or the US company? Were you formally transferred to the US payroll (and by extension, US income tax withholding, US medicare contributions, US social security contributions, US unemployment payments) or did they keep you on the UK payroll all this time (which could be illegal)?

In addition, what are the exact terms of your relocation agreement? Was their a repatriation clause?
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Old Dec 8th 2019, 3:41 pm
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Default Re: Terminated from job in US on a temporary assignment

Repatriation is usually not available if GC sponsorship is done by the company. It's commonly either/or and this is made clear in the letter of employment
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