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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Thumbs down U.S. Expat Contract

    My question involves employment and labor law for the state of: Maryland.

    My partner is a US citizen that was living with me (spouse) in Australia for about 6-months before he was offered a position he thought was worthy of his skills. He is one of about 3 top scientists in the world.
    A US company hired him as the critical scientific knowledge to a start up business in South Africa. It has been 3-years now and the business has had difficulties getting started due to slow govt framework for aquaculture. The company was a 50/50 joint venture US/RSA now 100% RSA owned due to fraud by the US partner. About that later.
    In Feb 2006, my partner was flown from Australia to the US for 3-months preparation time whilst he documented scientific work for a start up aquaculture venture. He was then sent in May 2006 to the South African site where I met him in May 2006. We stayed in a hotel for 6-mths then transferred to a 1-bedroom house on the aqua site whilst they built the pilot plant. About 12-months into the stay, the US President & US CEO of the Maryland shelf company forced my partner under duress to sign a very one-sided contract with no benefits. I was not included in the contract.
    The president (a well known embezzler) was sent home to Maryland where he and his cronies still try to embezzle money from unsuspecting wealthy persons. He also stole our IP and sold it to the Sth Africans for 2.6m.
    Anyway, in the 2nd year? when the President was stripped of his shares and sent packing, my partners contract was assigned to the South African company. On a recent payslip as of last month we noticed all his holidays went missing. This was because no one had processed them for three years.
    When we queried the fact the my partner should have 22-days leave, the RSA company refused to pay or honor the accrual from the US contract. What should have happened is that my partner either takes the leave upon termination or the leave is paid out so that the balance it zero with the new company. There was no discussion with us when it was reassigned, maybe the South Africans were nervous they would lose us to and quickly signed the contract over. The RSA Owner said to us that we need to go back and sue the US company for the leave owed; is this so? He is also a sneaky character. We are very nervous about the management here and want to depart but not before we get out expat contract benefits as we would be entitled to and want compensation for our IP. Feedback requested please.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: U.S. Expat Contract

    He was hired while he was in Australia? And he worked in Australia and South Africa? And the breach of contract occurred in South Africa? Does his employment contract say that all disputes are to be resolved in the U.S. under U.S. law? Because if not, I'm not seeing the connection with the U.S. that would allow this to be litigated in a U.S. court. Simply working overseas for a company based in the U.S. is not enough, of itself, to let you litigate a wage dispute in a U.S. court.

    I suggest having a lawyer review all the documents and paperwork.

  3. #3
    Join Date
    Apr 2009
    Posts
    2

    Default Re: U.S. Expat Contract

    Australia work was to an unrelated company when he was poached back to the US. The US company returned him to the US/Maryland for 3-months before sending him to South Africa. After 6-months in South Africa they made him sign an employment contract. The company in South Africa was a 50/50 joint venture by started by the US company, 50% South African owned. Employment contract; there is no clause indicating that all disputes are to be resolved in the U.S. under U.S. law. In fact, no clause of any kind like that therefore I would assume disputes would default to the country of company registration?

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