June 2, 2020

June 02, 2020

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June 01, 2020

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The Executive Ex Pat Agreement: A Checklist of Ex-Pat Specific Possible Terms

Expatriate (Ex Pat) agreements vary from company to company and from location to location, and are often tailored to the circumstances and specific needs of the executive. Below is a checklist of possible terms to be considered before entering into an Ex Pat employment agreement. 

  • Employing Entity

  • Reporting and Authority Within Employing Entity and Parent Company

  • Applicable Law and Venue for Dispute Resolution

  • Durational Term and Renewal

  • Position and Performance Metrics vis-à-vis Employing Entity and Parent Company

  • Compensation, Benefits and Employment Policies of Employing Entity or Parent Company

  • Compensation Equalization

    • Cost of living allowance

    • Tax advice and tax equalization

    • Immigration and visas

    • Relocation and repatriation costs

    • Family education costs

    • Local transportation

    • Safety and security

    • Family home leave

  • No-Fault Separation from Service

    • Good reason, including legal impediments to working and family urgency

    • Disability or death

  • Procedures and Benefits Regarding No-Fault Separation

    • Warning and opportunity to cure

    • Severance and repatriation

  • Severance Terms

    • Base, bonuses, equity and deferred compensation

    • Accelerated vesting, extended exercise

    • Continued benefits

    • Relief from restrictions

    • Transition services

    • Repatriation



About this Author

Nancy S. Shilepsky. Employment Attorney, Sherin and Lodgen Law FIrm

Nancy S. Shilepsky is a leading influence in the world of executive advocacy, employment law and employment litigation. In May 2015, Nancy was selected as a Fellow of the Litigation Counsel of America (LCA). The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, and superior ethical reputation. She has been a Fellow of the College of Labor and Employment Lawyers since 2000.

Brian J MacDonough, Employment Law, Sherin and Lodgen Law Firm

Brian J. MacDonough concentrates his practice in employment law and executive advocacy. He handles a wide range of matters, including contract negotiation and enforcement, discrimination, whistleblowing, wage and hour issues, and wrongful termination. In particular, Brian counsels and represents executives and professionals regarding sophisticated employment and compensation matters, including employment agreements, change of control agreements, equity and deferred compensation vehicles, non-competition and other restrictive covenants, severance /separation terms, and transition agreements.

A trusted advisor to his clients, Brian often works with them throughout their careers as they transition to new opportunities.  As noted by Chambers USA, he “brings a calm demeanor to the table and focuses on the best outcome for his client,” says one interviewee. A client adds: “He is empathetic and very strategic in negotiations.”

In addition to his executive advocacy practice, Brian also litigates cases in both federal and state courts and appears regularly before state and federal agencies, including  the Massachusetts Commission Against Discrimination and U.S. Equal Employment Opportunity Commission.

Highly respected by his colleagues, Brian serves as Co-Chair of the Boston Bar Association’s Labor & Employment Law Section, where he serves as a Council Member. He also served on the committee that prepared draft sexual harassment regulations on behalf of the Massachusetts Commission Against Discrimination and he assisted in the drafting of proposed revisions of the Commission’s procedural regulations.

Brian is a frequent author and speaker on matters of employment law.  He is an editor and co-author of the Massachusetts Employment Law Manual, published by Massachusetts Continuing Legal Education, Inc.  He has also co-authored  employment law chapters for the MCLE’s Massachusetts Basic Practice Manual, and sections of the quarterly Commentary for the Massachusetts Discrimination Law Reporter.  Brian has chaired several programs sponsored by MCLE, including “What Every Lawyer Needs to Know About Employment Law” and “Preventing and Litigating Wage & Hours Cases.”