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David, thank you so much for your early response. Really appreciate =
your=20
empathy and feedback.
He was with the Canadian organization for a year after which he was=20
transferred to the US office. While working with the US organization, =
there=20
was no letter of employment or any documentation specifying at what =
terms=20
they were hiring him. It was all word of mouth - the company US =
President's=20
mouth! Whenever he asked for something in writing all they had to say =
was=20
don't worry, we are at will. I think was our biggest mistake not to =
take=20
anything in writing.
During the first six months he was on the Canadian company's payroll =
but=20
his living expenses were paid by the US company. He has been on the US=20
payroll after getting the 'L' visa in January this year. We sold our =
house=20
and I joined my husband after quitting my job of seven years.
All our moving expenses were paid by the US company. At this time the =
cost=20
was close to $6,000.
During the six months that he was on the US payroll, there was never=20
anything in writing on the terms of employment, never any performance=20
evaluation and if somebody were to have a look at his employee file, i =
am=20
sure they would nothing in it. Can an employee be let go without any=20
evaluations during the time that he has been with them?
Then last week he is told that it is not working out and they were =
letting=20
him go with one month's pay and $2,500 in moving expenses. When he =
asked=20
for a reason all they had to say, once again, is we are at will, =
therefore=20
we can let you go at any time. After negotiating, he got three months =
pay,=20
$4,000 in moving exprenses and two one-way tickets to Toronto. The rent =
for=20
the month of July will also be paid by them as the lease was in the=20
President's and my husband's names. They asked him to return the car and =
cell phone on the day they let him go. We will now have to rent a car =
till=20
we move; that would probably be in mid-July.
We have been trying to get quotes from moving companies in California =
and=20
are being quoted amounts way above $4,000
Do you think this is a reasonable settlement or should we approach them =
for=20
something better?
Also we would like your help in filing US taxes for the period January =
to=20
June and the three month's severance pay - this amount was heavily =
taxed. =20
Please let us know what your fees will be and we can go from there.
Once again really appreciate your help in this matter. Perhaps we can =
call=20
you to discuss this further!
Thanks
XXXXXXXXX
-------------------------------
david ingram replies:
I do not think that is a reasonable settlement.
I am sending this out to the list which includes three or four thousand =
individuals who have moved in similar circumstances and sometimes been =
let go. =20
Let's see if anyone has a suggestion for a lawyer. =20
As, I said before, You are likely better suing the comapny in Canada.
I would be glad to help with your returns and can tewll you that your =
2003 returns will be wrong.
Any ideas about the settlement anyone?
>From: "David Ingram at home - bus at [email protected]"=20
><[email protected]>
>Reply-To: "David Ingram at home - bus at [email protected]"=20
><[email protected]>
>To: xxxxxxxxxxxxxxxxxxxxxxx
>Subject: Re: wrongful dismissal in the USA on an L1B work permit - =
ask=20
>International real estate immigation and income tax experts expert - =
David=20
>Ingram 's CENTA Services Group in West Vancouver BC Canada
>Date: Thu, 24 Jun 2004 00:59:59 -0700
>
>
>----- Original Message -----
>From: xxxxxxxxxxxx
>To: [email protected]
>Sent: Wednesday, June 23, 2004 2:49 PM
>
>
>My husband was transferred from a Canadian Company to work for their US
>organization. He was transferred in January this year on a three year =
L1B
>work permit.
>
>He was let go today with a package which we are not sure is adequate =
and is
>it legal for them to let him go without him completing the three years?
>
>Is there any way we can consult with you to make sure we are getting a=20
>right
>deal. Would really appreciate your help.
>
>Thanks
>
>________________________________________________________________
>david ingram replies:
>
>You have my sympathy and empathy. You will be going through an =
emotional=20
>hell right now.
>
>It is my experience that you should be expecting:
>
>1. full costs of your move back to Canada
>
>2. coverage of any loss you have suffered in the sale of real =
estate or=20
>the cancelling of a lease in the US.
>
>3. a wage replacement of six months to a year. if you had been with =
the=20
>Canadian Office for a substantial time before the transfer, and you =
gave a=20
>lot up to make the move to the USA, a longer wage replacement might be =
in=20
>order. The US company will usually try and treat the employ as a short =
term=20
>based upon the short employment in the USA. You will likely be more=20
>successful in your claim by using a Canadian lawyer to sue the Canadian =
>branch if the settlement is not adequate.
>
>If you would like to let me see the settlement offer, I would be glad =
to=20
>give you an opinion.
>
>Answers to this and other similar questions can be obtained free on =
Air=20
>every Sunday morning.
>
>Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier=20
>Partners and I will be hosting an INFOMERCIAL but LIVE talk show called =
>"ITS YOUR MONEY"
>
>Those outside of the Lower Mainland will be able to listen on the =
internet=20
>at
>
>www.600AM.com
>
>Local phone calls to (604) 280-0600 - Long distance calls to=20
>1-866-778-0600.
>
>Old shows are archived at the site.
>
>
>
>This from ask an income tax immigration planning and bankruptcy expert=20
>consultant guru or preparer from www.centa.com or www.jurock.com or=20
>www.featureweb.com. Canadian David Ingram deals daily with tax returns=20
>dealing with expatriate:
>multi jurisdictional cross and trans border expatriate gambling refunds =
for=20
>the United States, Canada, Mexico, Great Britain, the United Kingdom,=20
>Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, Indonesia, Egypt, =
>Antarctica, Japan, China, New Zealand, France, Germany, Spain, Italy,=20
>Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, =
Hawaii,=20
>Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan,=20
>Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, =
>Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American =
and=20
>Canadian and Mexican and any of the 43 states with state tax returns, =
etc.
>income tax wizard wizzard guru advisor advisors experts specialist=20
>specialists consultants taxmen taxman tax woman planner planning=20
>preparer of Alaska, Alabama, Arkansas, Arizona,
> California Denver Colorado, Connecticut,
>Delaware District of Columbia Miami Florida,
>Garland Georgia, Honolulu Hawaii, Idaho, Illinois,
> Indiana Des Moines Iowa Kansas Kentucky,
> Louisiana Bangor Maine Maryland
> Boston, Massachusetts, Michigan, Minnesota,
>Mississippi, Missouri, Montana, Nebraska,
>Nevada, New Hampshire, New Jersey,
>New Mexico,New York, North Carolina,
>North Dakota, Ohio, Oklahoma, Oregon.
>Paris, Rome, Sydney, Australia Hilton
>Pennsylvania, Rhode Island, Rockwall,
>South Carolina, South Dakota, Tennessee,
>Texas, Utah, Vermont, Virginia,
>West Virginia, Wisconsin, Wyoming,
>British Columbia, Alberta, Saskatchewan,
>Manitoba, Ontario, Quebec City,
>New Brunswick, Prince Edward Island,
>Nova Scotia, Newfoundland, Yukon and
>Northwest and Nunavit Territories,
>Mount Vernon, Eumenclaw, Coos Bay
>and Dallas Houston Rockwall Garland
>Texas Taxman and Tax Guru and wizzard
>wizard - David Ingram's US/Canada Services
>US/Canada/Mexico Tax Immigration & working Visa Specialists
>US / Canada Real Estate Specialists
>4466 Prospect Road
>North Vancouver, BC, CANADA, V7N 3L7
>Calls accepted from 10 AM to 10 PM 7 days a week
>Res (604) 980-3578 Cell (604) 657-8451
>Bus (604) 980-0321
>[email protected]
>www.centa.com www.david-ingram.com
>
>Disclaimer: This question has been answered without detailed =
information=20
>or consultation and is to be regarded only as general comment. =
Nothing in=20
>this message is or should be construed as advice in any particular=20
>circumstances. No contract exists between the reader & the author and =
any=20
>and all non-contractual duties are expressly denied. All readers should =
>obtain formal advice from a competent financial, or real estate planner =
or=20
>advisor & appropriately qualified legal practitioner, tax or =
immigration=20
>specialist in connection with personal or business affairs such as at=20
>www.centa.com. If you forward this message, this disclaimer must be=20
>included."
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