Full question:
Is there any precedence in the US law for a company to provide repatriation assistance for someone they moved overseas in a company they had purchased? There is no contract.
- Category: Employment
- Subcategory: Benefits
- Date:
- State: Illinois
Answer:
The obligation of a private employer to provide repatriation assistance typically falls under contract law principles. A contract is a legally enforceable agreement between parties that establishes their rights and duties. It usually requires an offer, acceptance, and consideration (an exchange of value). Contracts can be express (written or spoken) or implied.
Even without a formal contract, a legal concept called promissory estoppel may apply. This occurs when one party relies on a promise from another, and it would be unfair not to enforce that promise. To establish promissory estoppel, the following must be demonstrated: a promise was made, reliance on that promise was reasonable, the reliance was detrimental, and enforcing the promise is necessary to prevent injustice.
Additionally, if a party has received a benefit without a contract, they may be required to make restitution for unjust enrichment. This means that if keeping the benefit would be unjust, the party may have to return it.
In summary, while there may not be a direct contractual obligation, legal principles like promissory estoppel and unjust enrichment could potentially support a claim for repatriation assistance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.