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

By Nancy S. Shilepsky and Brian J. MacDonough on April 5, 2016

A photo of the world with important land marks circling the earth as well.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. We encourage you to consult with your attorney to understand and negotiate the terms of your individual 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

Nancy S. Shilepsky

Nancy S. Shilepsky is a leading influence in the world of executive advocacy, employment law and employment litigation and co-chair of Sherin and Lodgen’s Employment Department. Read Bio

Brian J. MacDonough

Brian J. MacDonough, co-chair of the Employment Department, counsels and represents executives and professionals in sophisticated employment and compensation matters and employment litigation. Read Bio