US Employer overseas Separation Agreement

I am a US citizen, working overseas for a US employer. My role was made redundant due to company downsizing (which I am ok with).

My current place of residence (country A) is different from my place of employment. (Country B) prior to COVID-19 I would travel by road to my employment. My US employer was fully aware that my residence is in (Country A).

Employer has asked me and my family that includes a minor to travel to Country B which is currently high risk due to COVID-19, in order to complete my legal exit procedures.

As per the separation agreement provided by my employer once I sign and receive my final dues, the employer cannot be held liable for anything. Can my US employer force me to sign the separation agreement that waives all liabilities and have me travel to a high risk country where me and my family would be at risk?

1 answer  |  asked Sep 13, 2020 06:59 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
U.S. labor laws do not apply outside the U.S. Think FMLA which is not enforceable anywhere except within the territorial boundaries of the USA.

If you lived and worked in some foreign country you should seek legal counsel from a licensed attorney in that country. If you worked for the U.S. government you need an attorney who represents federal employees. Good luck.

I tried to help an employee living in Canada and working remotely for a NY employer years ago. The company alleged that it was unaware that any of its employees worked remotely as residents of foreign countries and fired the employee. The company did not wish to comply with Canada's labor laws and had every right to fire that remote worker who was employed by the NY based employer.

When we leave the U.S. we are relying on whatever local laws may or may not protect us. We are figuratively and literally "on our own."

posted by V Jonas Urba  |  Sep 13, 2020 07:30 AM [EST]

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