Legal Question in Business Law in Florida
Breach of employment contract
My company was sold in January 2007. The purchase contract stated the named employees were to be retained with the employment terms and conditions of 2006. The new owners have changed all the employment terms and conditions and expected us to sign a new employee contract after the sale. None of us did that since it violated the purchase contract. Were they allowed to do this? Are they in breach of contract? What recourse do the employees have?
2 Answers from Attorneys
Re: Breach of employment contract
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The agreement was between the former owner and the new buyer and not the employees. Very possibly the employees will not have any rights under the agreement to enforce it as they were not parties to it. Florida laws allows an employer to hire and fire at will with no recourse other than a right to file for unemployment compensation payments. The employees should get together and have an employment lawyer review the situation together with a copy of the agreement to advise you of your legal rights, if any.
Scott R. Jay, Esq.
Re: Breach of employment contract
This is a fact specific question that will turn, in part, on the purchase contract between old company and new. Florida is an at will state, thus employers are generally free to change the terms of employment. You will need to contact an attorney to have them review your employment contract and the purchase contract for a complete answer regarding your rights Feel free to contact us.
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