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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Detrimental Reliance After Moving Internationally

    My question involves labor and employment law for the state of: Iowa, and International Employment issues. I was hired in the State of Iowa (I am a resident of Missouri) by a company to represent them as they entered into China. The contract was signed in Iowa, and is pursuant to Iowa's employment laws. I signed a contract that was an "at-will" contract. This was in August. I then moved to China in September, and rented an apartment as per our discussions (completely oral). I rented an apartment based on a year commitment, and began payments as such. Within 6 weeks I was notified that I was no longer employed (there was no legal transgression, but I was told that it was due to financial pressure). Now, I was left in a situation that I had to get out of my apartment, and get out of many contracts that I had signed when I moved to that area (for this company). When I was notified of no longer being employed, I was also not offered any type of severance. I am aware that there is not a law requiring for severance to be given.
    My question to the legal community out there, is this: What am I able to ask for with this case? What (beyond my apartment) is the company going to be required to give me. What kinds of precedents are there that I can look at to determine what my next step should be? Is there any ability for me to claim some type of 'financial hardship', etc because I was asked to move from Missouri to China?
    Thanks in advance for any and all insight.
    Dan

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Regarding Detrimental Reliance

    You might have a claim for detrimental reliance. You need to talk to an attorney.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,616

    Default Re: Detrimental Reliance After Moving Internationally

    The Iowa Supreme Court has defined promissory estoppel in an employment context as follows:
    Quote Quoting Schoff v. Combined Ins. Co. of Am., 604 N.W.2d 43 (1999)
    Accordingly, we state the elements of promissory estoppel as follows: (1) a clear and definite promise; (2) the promise was made with the promisor's clear understanding that the promisee was seeking an assurance upon which the promisee could rely and without which he would not act; (3) the promisee acted to his substantial detriment in reasonable reliance on the promise; and (4) injustice can be avoided only by enforcement of the promise.

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