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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19680
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Hi! I was employed by a multi national company on an overseas

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I was employed by a multi national company on an overseas expatriate assignment for three years under a local company contract which was per the guidelines presented to me when I went overseas. My USA employer asked me to termiante my overseas assignment so they could replace me with a local employee. I did so with the understanding I would be compensated until my normal retirement date which is December 31, 2013. Unpon returning to the USA I was presented with the standard termination agreement which is for twelve months and asking me to waive any claims against my USA employer and any affiliate company.

My direct boss advised me that he would get to agreements for me. These are the standard USA agreement and a settlement from my overseas employer However none on this is stated in the Separation and General Release. I am still owed money from my overseas employer from my Provident Fund, expense claims. It seems to me once I sign this agreement I give up all rights.

I think I need a more comprehensive agreement hammered out between two attorneys! Your opinion?

Thank you for the information and your question. You most definitely want to have a local employment law attorney who deals with severance agreements to review the paperwork you have received in light of what is still unresolved in your mind before you decide whether or not to sign the agreement. That said, these waivers generally only release the employer from any claims of wrongdoing that occurred before the signature on the agreement. They do not release the employer from future wrongdoing and also cannot operate to release the employer from the operation of other laws, such as ERISA (relating to retirement and health benefits.)

But, when there is unsettled pay issues, an offer of severance pay generally covers those for the parties that are signators to the agreement. In other words, outstanding pay is included in the severance pay offer unless it specifically says it is not. That said, you really do want to delay signing the agreement until you have a local attorney review this for you.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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