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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am a California resident working for the US Government overseas.

Resolved Question:

I am a California resident working for the US Government overseas. I signed an employment contract when I started my job. My agency relocated me from California to Washington DC for training, and then to my first post (tour of duty) in Europe. I completed my first tour of duty and I am now in my second tour of duty in the Middle East (they also relocated me to the Middle East). Since I completed my first tour of duty in Europe, have I fulfilled the following two requirements? (I plan to leave the agency and return to California in the first year of my second tour of duty).

The wording of the second condition is tricky.....I believe that I have fulfilled the requirement because I served one full tour overseas. But could it mean that for every tour of duty for the rest of my career (a tour of duty is 2 years), I must serve the full two years or I must pay for transport home?


1) That I will repay travel and transportation costs for myself, dependents, household and personal effects, including a privately owned vehicle, from my point of hire to washington, DC or overseas post of assignment, or from Washington DC to overseas post of assignment, if, for personal reasons not acceptable to the Agency, I do not complete one year or more at post.

2) That I will repay travel and transportation costs for myself, dependents, household and personal effects, including a privately owned vehicle, from my assigned duty post to my separation residence, if, for personal reasons not acceptable to the Agency, I resign before completing an overseas tour of duty.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,.

I'm sorry to hear of your dilemma.

Paragraph 1 indicates that had you not completed at least one year of your assignment at the post following your point in time of hire, that you would reimburse them for the travel expenses incurred in getting you to your first post.

Paragraph 2 holds that if you do not complete an overseas tour of duty (and this would apply to any tour---not just the first---that to the extent that the employer incurs expenses in getting you and your family and belongings back to your residence in CA, that you will agree to reimburse those expenses. Essentially, if you quit mid-tour, you are on your own getting back to the States.

I wish you the best in 2011.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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