work as A but one day terminates me and says the employment agreement was with A and not him, is this correct? Is this agreement assigned to B or however this term assignment is used? Thank YoU ANY 1
The answer to your question depends on several things that are unstated. If you were an at will employee, you simply became an employee of B when B became the new owner, and B could terminate your employment at any time for any reason, or even no reason. If you had a contract that was not at will, B's obligations to you depends on if B is the employer or if B simply bought the entity that is your employer. It also depends on the agreement between A and B regarding undertaking (i.e., assigning and delegating) the rights and responsibilities of existing contracts.
It would be prudent for to your schedule an appointment with an experienced attorney to discuss all of these facts so that you can get advice you can reasonably rely upon.
Good luck to you.
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In addition to Attorney Pedersen's excellent analysis, did you sign any new documents when the purchase of your employer went through? If so those documents could be controlling. I agree that you should look for a qualified employment attorney. If you have a Union rep., that may also be a good place to start.
I must agree with the other commentators that there are not enough facts to answer your question. Though you have a contract, is there a term of years for the employment contract or is it just at will?
Furthermore, if there are a term of years, are there any provisions applying to your employment that would provide cause for the termination. I only mention this because even assuming the contract applies to employer B, there may be language that the employer can terminate the employee under justified circumstances. Those facts are not provided to me.
Lastly, under general contract law, a successor in interest (in this case the buyer of the company) may be under an obligation to maintain the contractual relationship with other parties either through the buy out agreement (which you may not have access to) or through a notice provided to you and other contracting parties that B is taking the place of A. You may want to look at your employment contract as well, in that it may say whether A sells to B, then B will have the same rights and responsibilities as A. Surprisingly most general contracts have this assignment clause language in it.
-Daniel J. Goularte
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