QUESTION

What are my legal obigations in either obtaining a current employee of a buisness that I am purchasing or not continuing their empoyment.

Asked on Apr 09th, 2012 on Business Law - Texas
More details to this question:
Also, do I need to wait until the purchase closing before any contact is made?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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With limited exceptions probably inapplicable to the purchase of a small business, you are not obligated to employ any employee of the seller. You do not indicate whether you are purchasing stock or assets. If the former, then the employee will be an employee of an entity you own, and if you fire him, you will likely have an unemployment comp "hit" as a result. Ususally, parties negotiate for the employment of the seller's employees (or not) and make express provision for this in their contract. Your attorney can assist you in making sure the issue is covered. You should not contact the seller's employees without the seller's consent until after closing. You can, of course, with the seller's consent, interview the employees for due-diligence purposes prior to closing.
Answered on Apr 09th, 2012 at 1:56 PM

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