EMPLOYEES ABROAD: The U.S. Legal Context of Employer Duty of Care to Internationally Traveling Employees

The paper informs US employers of the level of caution and care required to mitigate potential harm to internationally traveling employees while simultaneously reducing the risk of potential lawsuits against employers for failing to meet their duty-of-care obligations. To convey how duty of care impacts employers with employees, assignees, and/or expatriates traveling abroad, this paper begins by explaining duty of care and its origins within the American legal system through statutory and case law. After explaining the foundation for duty of care, this paper reviews twenty-two US domestic and international duty-of-care legal cases and provides a model framework of strategies for employers whose employees, assignees, and/or expatriates travel abroad. Finally, this paper presents leading practices for organizational stakeholders collaborating with internal or external legal departments in preparing employees, assignees, and/or expatriates to travel abroad and in providing guidance on what to do in a crisis.