QUESTION

Does the buyer have to keep the sellers employees.

Asked on Oct 27th, 2014 on Employment Contracts - New Jersey
More details to this question:
My husbands co. that he works for is selling part of its assets, my husband included. Does the buyer have the legal obligation to keep my husband employed. Is this something that should be stated in a contract between the seller and buyer?
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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The key to success is whether the company was sold as a company or whether the assets of the company were sold. If this is an asset sale, then the purchaser bought the assets and has no employment obligations. I would have to see the purchase contract to be sure. Ed Dimon, Esq
Answered on Oct 28th, 2014 at 3:29 AM

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Appellate Practice Attorney serving New York, NY
I'm not sure what you mean about "selling" your husband, whether you mean that the company is selling the part of the business that in which your husband works or it is selling its rights under an employment contract it has with your husband.  I'm also not sure what assets are being sold, whether you mean that your husband's current employer is selling some equipment and other assets of that type, or is selling off a division which is, in itself, a separate legal entity (for example, if ABC Corp. sells off its wholly owned subsidiary, XYZ Corp.) First, depeinding on the circumstances (discussed more fully below) the buyer could have the same obligations that your husband's current employer has but, unless the sales contract provides otherwise, no more.  So the question is, does your husband's current employer have any obligation to keep him employed.  Unless your husband has an employment agreement (could be an individual contract or a union contract, could arise from an employee handbook) which limits his employer's rights to terminate him, your husband's employer can fire him at any time for any reason not prohibited by law (age, race, religion, etc.), and so could his new employer. If your husband does have an employment contract, the new employer would usually be bound by it only if it purchased the entity with whom your husband contracted.  Thus, if your husband has an employment contract with ABC Corp., and the buyer buys ABC Corp., your husband is still employed by ABC Corp. and his contract still applies.  However, if ABC Corp. sells the plant in which your husband works to XYZ Corp., XYZ Corp. has no obligation to your husband because it has no contract with him.  Your husband may have a claim against ABC Corp., but ABC Corp. may not have any assets with which to pay him. Under any of these circumstances, your husband's job will be much more secure if the contract of sale specifically provides that the new employer will not terminate your husband's employ for a period of five years (just picking a number at random) or upon good cause.
Answered on Oct 27th, 2014 at 3:28 PM

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