International Employees

Doyle Dennis Avery LLP represents employees, executives, contractors, and workers who have been assigned internationally and wrongfully terminated.  In particular, Doyle Dennis Avery LLPrepresents either American employees working for foreign companies or employees who work for an American company.

Who do you represent?

Doyle Dennis Avery LLPhas represented employees from the United Kingdom, Canada, South Africa, Australia, New Zealand, Kosovo, Spain, Mexico, Singapore, Egypt, and many other countries. In particular, Doyle Dennis Avery LLPrepresents these employees who either have a contractual agreement with an American employer, a contractual agreement that mandates filing a lawsuit in the United States, or an employment relationship with an American company.

What laws apply?

Many international employment agreements will include choice of law provisions that attempt to establish which law will govern an employment relationship. However, choice of law provisions generally do not expand the scope of U.S. statutory law. As explained by the Supreme Court, “legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.” Thus, unless Congress provided a clear intent of applying the law extraterritorially, U.S. law will not apply. Instead, many relationships will still be governed by the statutory laws of the country where the employment occurred.

To the extent that a contract contains a U.S. law provision, it is possible that the common law of that state may still apply.  Thus, any common law claims for wrongful termination, breach of contract, or other tort claims could still apply.

What other U.S. laws might apply?

Some U.S. laws do apply beyond the borders of the United States. Title VII, for example, applies to many U.S. Companies and U.S. employees, depending on the circumstances of the case.  In addition, some other laws may also include an express extra-territorial law provision, and thus authorize application of U.S. law, even though the conduct occurred in a foreign country.