QUESTION
Can legal action be taken against me if I state that I will not accept the employment agreement before an acquisition takes place?
Asked on Mar 28th, 2015 on Business Law - Oregon
More details to this question:
I am the CTO of a company that is being acquired. I do not want to accept the new employment agreement as it would require me to relocate to a new office in a different city. My concern is that if I state before the acquisition takes place that I am not interested in continuing with the company that I could have legal action took against me due to it conflicting with the acquisition.
1 ANSWER
People are damaged by lawful actions everyday, but unless those actions are somehow improper, no claim arises. For example, if I truthfully state to my friend that shop A has lower prices than shop B, my friend may decide to buy goods at shop A when she would otherwise have bought from shop B. Shop B has been damaged, but has no claim. If, however, I cause my friend to choose shop A by lying and saying that shop B had numerous health code violations, shop B has a claim for defamation.
In your case, assuming that you are under no contractual obligation to accept the new position or to keep quiet about the offer, your employer would have no claim against you even if your announcement killed the deal. Technically that doesn't mean that no legal action can be taken against you, but there appears to be no valid grounds for any suit, and you should prevail.
Answered on Mar 30th, 2015 at 9:35 AM