Schaumburg, IL asked in Civil Rights, Contracts, Employment Discrimination and Employment Law for Illinois

Q: What is the statute of limitation on indefinite employment contracts overseas with US based corporation?

I was hired as country manager by a US 500 company in 2013 on indefinite employment terms contract. 12 months later problems started mainly because I refused company illegal way of doing business. As a result, I was fired and sued for criminal charges in the foreign country. In 2019, I won an employment case against the company in the foreign country. In October 2021 (last week) the supreme court in the same foreign country vacated the criminal charges and sent back the case to lower court for new ruling by a different judge and panel.

My question(s): Can I bring a case before Illinois District Court to seek remedy and compensation for damages (emotional and material damages)? If yes, is the statute of limitations starts from first day of incident (June 2014) or from the time of ruling of the court in the foreign country (October 2021)?

1 Lawyer Answer
Jane Kim
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  • Naples, FL
  • Licensed in Illinois

A: IL statute of limitations on a breach of contract action is ten years. But first, you have to ascertain which country's laws apply. Did you have a written employment agreement and where was was it signed, in the US or in that foreign country? That's the law that will apply to a breach of contract action. That employment contract likely also provides for venue, where the employer can be sued and whether the dispute must be resolved through an arbitration or in court. Are you a foreign national, working abroad yet would like to sue a US company in the US? If you'd like to sue the company for something outside the written agreement, either law may apply depending on the cause of action. In turn, that's the statute of limitations that will apply. As you see, there are many facts that are missing to provide you with an answer. You should contact a lawyer to discuss your options. Good luck.

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