Legal Question in Employment Law in Massachusetts
Right of employee holding employeement contract
in anticipation of company being sold and split into two separate companies, i received contract to head one of the new companies. then it was decided to close the part i was to head and i was charged with closing it. the employees were given retention bonuses, but i did not ,since they said I had a contract. I was told that there was no job for me in the second company to split. then decision made to close second part of company. now i am told, i have a contract must stay to close second part of company. again, not being offerred retention bonus, since they say i have a contract.
1. can the company keep changing the ''intent'' of the contract to fit there needs?
2. am i entitled to a retention bonus given to other empoyees being asked to stay or does contract superceed?
2 Answers from Attorneys
Re: Right of employee holding employeement contract
If you have a written contract, the specific language of that contract will control your relationship with the company. It goes both ways - you're bound by the contract and so is the company. Once one side breached the terms of a contract, then it is no longer valid, and both sides are relieved of their remaining contractual obligations. Not knowing specifically what the contract says, I cannot give you much more than that in terms of what you may or may not be entitled to.
Re: Right of employee holding employeement contract
Everything depends on what you describe as a "conract". Was it negotiated? Did both parties sign it. Did it set salary and benefits, etc. If so, it binds both parties.
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