Legal Question in Employment Law in Washington

I have a work contract stating my severance package, who I answer to, benefit package outline and my responsibilities. Recently, our firm merged with another firm and I was told, verbally, that my contract would be honored. However, since that time it has become clear we are to become employees of another entity, answer to someone else and responsibilities will be changing. We were told our seniority would transfer, it has with regards to pay/vacation, but will not transfer with regards to yrs of experience. I bring this up secondary to the fact we will be competing with current employees of the other entity involved for the left over positions. My question is this: Does the fact that they are trying to make me work for someone else and to answer to a different entity than is outlined in my contract a breach of my contract? Does the fact that my responsibilites are changing, employer entity is changing or who I report to invoke the severance package?


Asked on 1/13/11, 3:43 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

That depends on how the contract reads. Many employment contracts will contain verbiage that indicates that benefits and obligations will be assumed by successors in interest. In other words, if another company buys out the employer, they assume the contract. It also matters whether the new employer bought out the company or just acquired certain assets. If the new employer did NOT become the new party to the contract, then you will not be able to demand a severance package from them, because your contract is not with them.

In other words, if you really want to know where you stand and what your rights are, you will need to have an attorney actually look at the contract and also ask you some questions about the new employer. I'm sorry I can't be more helpful.

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Answered on 1/18/11, 4:01 pm


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