Tracey Ellison, Natasha Breaux and Beth Harper in Law360: 5th Circ. Backs Shell In $1.5M Cross-Border Severance Scuffle

September 24, 2019

Law360 reported on a case win on behalf of client Shell that was handled by Haynes and Boone, LLP Counsel Tracey Ellison, Associate Natasha Breaux and Attorney Beth Harper.

Here is an excerpt:

The Fifth Circuit on Wednesday shot down an attempt by a former Shell employee … to collect $1.5 million in severance pay, saying his reliance on Indian laws to come up with payment request left the court confused.

A three-member panel ruled that a lower court properly granted summary judgment to Shell U.S. Hosting Co. on Sri Raghunatha Venkateswara Babu Bangaru's claim it breached a long-term international assignment agreement by denying him proper notice and severance payment. …

While Bangaru was able to be severed in the U.S. when his employment came to an end in 2016, he claimed that Shell failed to provide him with the proper repatriation notice and pay him according to "Indian retrenchment law" or an "Indian touchdown requirement," leading to his miscalculated pay. But the panel said Wednesday that the agreement didn't require Shell to follow the Indian laws and that the only reference to the supposed requirements was from an email Bangaru sent to Shell about repatriation.

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