Legal Question in Employment Law in New York

Employment agreement

What is the difference between assignment and transfer of a contract in an employment agreement?


Asked on 10/18/06, 10:25 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Employment agreement

An assignment is a kind of transfer, but not every transfer is an assignment.

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Answered on 10/18/06, 10:29 am
David Simon Hogan & Rossi

Re: Employment agreement

To give proper advice, we would need to see the context in how those terms are used.

But generally speaking, employment agreements create obligations on the part of the employee to performa certain job function. The employer usually retains a right to assign the right to your services to another company in the event there is a merger or a sale of some or all of the company. But this does not work the other way around. An employee's services are generally personal and unique, so you could not decide to assign your obligations under the agreement to another person.

As to "transfer", I would really need to see how that word is being used.

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Answered on 10/18/06, 11:26 am


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