The scenario you are discussing is quite common and can be quite disconcerting for the employee who is in fear of being left without much in the way of firm assurances or stability.
The protection you should work to implement, in addition to a comprehensive employment agreement, is commonly referred to as a "golden parachute."
A "golden parachute" is designed to address the risk that you will be hired by the new company and then potentially "let go" without any of the financial security that was provided to the other former employees through severance packages.
A golden parachute is an agreement between you and the "new" company specifying that you will receive certain benefits if your employment is terminated within a set period of time or if your responsibilities and/or other aspects of your employment are materially modified or diminished.
The "parachute" can be triggered in multiple ways, including the company terminating you or in the event of a "change of control" (as is apparently being contemplated within 1 to 3 years).
These agreements are generally prepared with the help of an attorney and it is preferable to have an attorney working to protect your rights.
Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it. Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
I hope this information is helpful.
Kind regards,
Cyrus Rajabi
Answered on Nov 19th, 2012 at 2:23 PM