More details to this question:
I am a part time employee of one company (employed in Illinois) while also attending school full time. In the past four weeks, my business unit is going through the process of being sold off to another organization. I have in writing from the first company that I would be receiving an offer of employment from the new company. The new company, during a townhall meeting, indicated that the offer that everyone would receive would be equivalent to their position. My position is a part time position, but they offered me full time employment at half the current pay rate. Over the past month, they came up with three options of employment, none of them similar to my current employment arrangement with the first company since they don't have part time positions. They have offered to "hire" me as an independent consultant but I would either require to arrange payment through a third party to be paid via 1099. Do I have any recourse against the new organization?
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If the new company had a written agreement as part of the buy out to give you and others a position, then you may have a claim. Otherwise, there would be no legal action you could take unless the new company is just using this as an excuse to not hire you based on any protected classification you might belong to, such as race, gender, age, etc.
Also, as to being an independent contractor, you could create your own company and that would probably meet their requests.
Answered on Sep 23rd, 2014 at 7:19 AM