Legal Question in Employment Law in Ohio

Position elimination / employment contract

I am a supposed ''at will'' employee with a state university in Ohio. I have an employment contract that ends on 6/30/2009. The university has decided to sell our division (we develop/sell a commercial software product) and is planning on eliminating our positions on Feb 1 providing us with five months of notice. The university expects that most if not all of the employees of this division will receive employment offers and subsequently resign their current positions before the end of our contract period. I believe that I should not be required to resign my current position when accepting a new position with the purchaser of our division thus receiving my remaining pay under my current contract and pay from my new employer because the elimination of my position does not cancel my contract and the University cannot just transfer me to another position. Is this a correct interpretation?


Asked on 1/05/09, 12:50 am

1 Answer from Attorneys
Patrick Vitone Pat Vitone, Attorney at Law

Re: Position elimination / employment contract

This is a very complex question requiring analysis of several factors: 1) your rights under contract, 2) your rights as an unclassified civil servant, 3) the possibility of continuing in PERS or SERS.

I am not taking new clients at this time. In any case, I think that you would be best served by contacting an attorney in your University/town community who has some experience dealing with the University and public employment law.

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Answered on 1/05/09, 6:58 am


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