Did my employer breach its contract with me?
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Did my employer breach its contract with me?
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I am a US employee on secondment to the UK. My contract states that while in the UK I am to be "tax protected" (i.e. pay the same tax rate as I would had I been living in the US). This did not happen for the first 9 months of my employment in the UK. In fact, for the first 9 months I was paying both UK and US taxes, taking home less than half of my paycheck. Finally, after much complaining I was able to get it fixed "going forward". However, the company still has not reimbursed me (3 months after my paycheck was fixed) for the period of time where I was being taxed incorrectly and I now want to resign.
My concern is that when I agreed to take the UK assignment, the company gave me a signing bonus with the restriction that it would have to be repaid if I left voluntarily or was fired for cause.
I believe that because my company breached its contract with me, I do not have to repay the signing bonus. Further, I believe the company still owes me money for the period of time when I was being taxed incorrectly. Can anybody tell me if I am correct? Any advice on how to resign?
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michr
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the employer does not owe you, the government entity that was paid incorrectly owes you the refund, whichever that may be.
if you paid taxes to the UK that were not owed those should be refunded the same holds true for the US. file your returns and expect a refund from the entity that withheld taxes erroneously.
as far as a breach, generally an accounting/regulatory error is not a breach of contract it was an error and unless they deliberately misled you it is not grounds to dissolve the agreement. they probably will be able to have the contract upheld in court if it goes that far.
if you want out of your contract plan on paying............. |
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bansisdead
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if u come over here and work and live in the UK then u should pay the same tax as everyone else here or go back if u dont like it why should u pay less? on average americans working in the UK pay more tax not less, u will use our roads and amenities so why shouldnt u pay like everyone else |
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JOHN K
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As contract policy with stranger Company out of US ,each employee it must be under it's company protection for paying the taxes ,this is when you receive income at our currency (dollars) .In this condition you will have only pay your US tax income . But if you receive the UK currency in your pay check this will cost you their tax too .How ever you and your company must pay this tax as income tax under UK employment policies.Addition ,Britain is only country separate from other European countries in Business and currency Solution. |
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s7e7v7e7n7
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Your company contract should be investigated and put on trial. |
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