QUESTION

Can Overseas Employers dismiss outsourced employees without due process?

Asked on Nov 20th, 2012 on Labor and Employment - Oregon
More details to this question:
We work from home, and we have signed an employment contract overseas. My employer is from the UK. We were dismissed and accused of violating the company policies without proof and any due process. In fact, we have proof that we never incurred anything against the company rules. They are accusing us of covering each others' shifts when in fact what we did is just help each other inform the Management whenever one cannot come to work. We never worked for one another's shift and we have supporting time logs and documents to prove that. Can they fire us just like that? They did not even give us the chance to explain. They served their decision without us knowing. No meetings or whatsoever. Not even a warning. What should we do?
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6 ANSWERS

Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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"Due Process" of Law only applies to Government encroaching on individual freedoms. Private corporations foreign or domestic owe no 'due process of law'. California is at 'at will' employment state... you may be terminated for no reason at all. You may be terminated because you wore a blue shirt. You may be terminated because you didn't wear a blue shirt. And YOUR remedy is to (1) Apply for Unemployment Insurance with the California Employment Development Dept http://www.edd.ca.gov/ then (2) Find new Employment. [No employer may terminate or discriminate based on national original, race, religion, gender, disability or sexual preference ... if you can clearly prove the termination was because of one of those bases, you've got a FEHA or ADA administrative law action.]
Answered on Nov 22nd, 2012 at 7:26 AM

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Possible violation of Calif law.
Answered on Nov 22nd, 2012 at 7:24 AM

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There are no "due process" right for a discharge in GA. GA follows Employment at Will. You can file an unemployment claim. If that results in a hearing, you will have due process rights, but only as they relate to the unemployment benefits. You will not get your job back.
Answered on Nov 20th, 2012 at 4:06 PM

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Trusts Attorney serving Idaho Falls, ID at John Simmons
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The fact you were overseas likely has nothing to do with the legalities. However, the laws of the country where you are working may come into play and make the employer's dismissal of you, under the circumstances and how it was done, illegal. Check with a lawyer that practices in that country. U.S. notions of due process only apply to employment termination situations if the employer was a governmental entity, i.e., you worked for the State of New York. Otherwise, you do not have a 'property' interest in your employment, so the employer taking it from you may be done without due process being followed. Check your written contracts carefully to see if the employer had agreed to only terminate you under certain circumstances and following certain procedures. That is often covered in a written contract of employment. If so, the employer might not have followed the procedures outlined in your employment contract. If the employer did not follow the contract provisions, then the employer has breached the agreement and you may have contract damages. However, that will likely be limited, as once you let the employer know, it can then reterminate you following the correct, contract procedure. If they claim timecard fraud (you being logged in when not working), then if they mention that to others, you may have a defamation lawsuit against the employer if you can prove that you did not do as they claimed and that the employer acted unreasonably on the information it had in arriving at that conclusion.
Answered on Nov 20th, 2012 at 4:05 PM

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Kevin Elliott Parks
Unfortunately, there may not be much that you can do. Whether or not you have a claim almost certainly depends on what the language in your employment contract states. In most circumstances, employees do not have due process rights in the context of their employment. (The international aspect likely matters very little, in fact.) Typically, employers can terminate employers for almost any reason, or no reason at all, so long as it's not an illegal reason, and the reasons you indicate don't immediately appear to give rise to any type of a wrongful termination claim. That said, if your employer failed to follow any termination procedures that it agreed to in the course of its contract negotiations with you, you may well have a breach of contract claim. You should consult with an attorney to review your contract and other accompanying documents and advise you as to how best to proceed.
Answered on Nov 20th, 2012 at 4:03 PM

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Business Litigation Attorney serving Orange, CA at Law Offices of Frank Granato
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The first step is to look at the terms and conditions of the employment contract.
Answered on Nov 20th, 2012 at 4:03 PM

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