Got laid off recently and I’m curious to know others experience of severance pay in cases where you internally transferred from another country to the US? Is time worked in the previous country taken into account when severance is paid or is it only time spent in the US paid?

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Did you sign a new contract when you joined the US firm or were you still working under the non-US contract? I assume the former… If so, did you negotiate the standard contract that would have been presented to you for signature upon joining the US firm, that you would like continuation of service years earned outside of the US to be agreed and written into your new contract? They typically won’t give you credit for years of service earned in other jurisdictions, unless you explicitly requested it from the outset in your contract. Although companies and employees commonly refer to international mobility as a “benefit” or a “transfer”, the technical term for it is ‘separation’, as from a contract law perspective, you are resigning from the incumbent host country firm and starting over as a New Joiner in the recipient host country, whereby the clock restarts to Day One again, unfortunately.

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Thanks for the response! Yes I did sign a contract when I joined the US firm, didn’t negotiate anything about continuation of service years earned (didn’t know I should 🥹).

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It is typically based on your years of service plus 60 days if WARN Act applicable.

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