Legal Question in Employment Law in California

I am on maternity leave and just found out my employer has sold the business, is the new employer still obligated to keep me on as an employee...?..


Asked on 10/09/10, 12:45 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

No. The old business is 'gone' and a new business is now starting to hire. What happens is determined by the contract terms between the old and new, as to keeping / hiring employees. Make sure you advise them you want to stay on, and then if you are denied, you could see if there is a valid pregnancy discrimination claim to be made.

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Answered on 10/14/10, 10:08 am

Mr. Nelson makes assumptions that your limited facts do not warrant. A key factor will be the form of the business and then nature of the sale. If the business was incorporated or an LLC, the sale may have been via sale of shares, with the original business remaining entirely intact. In addition, In that case you are still an employee until they tell you otherwise. He is correct, however, that the best course of conduct is to make sure that you are ready willing and able to return to work at the end of your leave, and only if they say you are terminated worry about whether you have a claim or not.

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Answered on 10/14/10, 1:18 pm


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