California Employment Law
California Employment Law Questions Answered by Legal Experts
Hi Lane, any ideas?
Hi there, In terms of legality, I can't find anything in the statute or case law (still perusing) that you could to FORCE them to do the buyout, without your taking any action first
Have you thought about submitting something that would document the Fair Market Value to them (Market Comparable sales, Realtors can give you ideas from the MLS service too) then put something in writing that you will pay the pay the lien IR fiel the Cert?
sorry for the typo: "... OR file the Cert"
Whats the situation giving rise to the buyout .. IS this part of an offer made to other employees, etc?
OIC the What have you tried so far piece now ...
Do you have a firm offer for the new job?
And is the ofer to buy in writing?
OIC you're typin... I'll wait
Now it looks as if you've stepped out of the chat (from my end) ... but, again, if you can give me specifics (was the job offer written, and did it include in the body of the letter the buyout offer, etc) You certainly have some contract law issue if so... Generally of you accept the offer (there's been offer and acceptance, on of the first elements of a contract) ... there must also be quantifiable, discernible terms ... and exchange of consideration of some sort, etc. ... If you can give me more of the specifics e can go from there
Sorry for the typo, "IF you accept the offer..."
I still don't see you coming into the chat session, so I'll move us to the "Q&A" mode. … Maybe that will help … (We can still continue a dialogue there, just not in real-time chat, as we can here)
But, what this will come down to (in terms of anything actionable is a breach of contract issue) BUT for that to apply you will need to accept the offer (and again the details of how the offer was made, was the buyout a PART of that offer, etc., is critical here)
You also my have a cash under RESCISSION of contract
Again, still don't see you coming back into the chat here, so i'll post on more piece of research to see if you might be able to use as you discuss the possibilities with you atty
Here's the grounds for rescission under CA law:
But again, if you can provide some specifics, we can go from there
Lane, sorry - my end showed you offline.
Yes, my husband accepted the job a YEAR ago. We went through the entire relocation process with the company. Had an appraisal on the home through the relocation co., we were never given access to the appraisal, and in obtaining title information, they told us that because of the Tax Lien, they would be unable to buyout the home. At the time, we had a Tax Attorney handling the lien with the IRS and she offered to explain the Cert of Discharge to them, but they refused to speak with her. Told us we were on our own in selling the home.
It has become a great financial burden because our entire family have moved to Louisiana and are having trouble paying for the vacant CA home and trying to live here for an entire year.
All salaried employees are offered the Relocation service which includes the buyout option.
HOWEVER, if you need more on this, PLEASE COME BACK here, so you won't be charged for another question.
i See Buxani v. Nussbaum, 940 S. W. 2d 350, 352 (Tex App.-San Antonio 1997, no writ); and Hallmark v Hand, 885 S.W.2d 471, 476 (Tex.App.-El Paso 1994, writ denied): see also McCulley Fine Arts Gallery, Inc. v “X” Partners, 860 S.W.2d 473, 477 (Tex. App. - El Paso, 1993, no writ).
ii See Roark v. Stallworth Oil and Gas Inc., 813 S.W.2d 492,496 (Tex. 1991); and see also Federal Sign v. Texas Southern University, 951 S.W.2d 401,408 (Tex. 1997) rehearing of cause overruled (Oct 02, 1997).
iii Restatement (Second) of Contracts §24 (1981).
ivRestatement (Second) of Contracts §50 (1) (1981).
v United Concrete Pipe Corp. v Spin-Line Co., 430 S.W.2d 360, 364 (Tex. 1968).
vi Antonini v. Harris County Appraisal Dist. 999 S.W.2d 608, 611 (Tex.App.-Houston [14th Dist] 1999, no pet.)
vii Weynand v Weynand, 990 S.W.2d 843, 846 (Tex. App.-Dallas 1999, pet. denied).
viii Copeland v Alsobrook, 3 S.W.2d 598, 604 (Tex. App. - San Antonio 1999, pet. denied).
ix Wiley V. Bertelson, 770 S.W.2d 878,882 (Tex. App.-Texarkana 1989, no writ).
x Gulf Coast Farmers Co-op v. Valley Co-op Oil Mill. 572 S.W.2d 726, 737(Tex. Civ. App. - Corpus Christi 1978, no writ).
xi Runnells v. Firestone 746 S.W.2d 845, 849 (Tex. App. - Houston [14th Dist.] 1988), writ denied per curiam, 870 S.W.2d 240 (Tex. 1988).
xii Copeland, 3 S.W.3d at 605
xiii T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 221 (Tex. 1992).
xiv Komet v. Graves, 40 S.W.3d 596, 602 (Tex. App.-San Antonio 2001, no pet.); Hardin Constr. Group, Inc. v Strictly Painting, Inc. 945 S. W. 2d 308, 313 (Tex App. - San Antonio 1997, orig. proceeding): Texas Oil Co. v. Tenneco Inc., 917 S.W.2d 826, 830 (Tex. App.-Houston [14th Dist.] 1994), rev’d on other grounds sub nom. Morgan Stanley & Co., Inc. v. Texas Oil Co., 958 S.W.2d 178 (Tex. 1997).
xv T.O. Stanley Boot Co., 847 S.W.2d at 221; Scott v. Ingle Bros. Pac., Inc. 489 S.W. 2d 554, 555 (Tex. 1972); Texas Oil Co, 917 S.W.2d at 830; Komet, 40 S.W.3d at 602.
xvi Texas Oil Co, 917 S.W.2d at 830. T.O. Stanley Boot Co. v Bank of El Paso, 847 S.W.2d 218, 221 (Tex. 1992).
xvii Fort Worth Indep. Sch. Dist. V. City of Fort Worth, 22 S.W.3d 832, 846 (Texas. 2000) (quoting Texas Oil Co. v. Tenneco Inc., 917 S.W. 2d 826, 830 (Tex. App.-Houston [14th Dist] 1994), rev’d on other grounds, 958 S.W.2d 178 (Tex. 1997)).
xix T.O. Stanley Boot Co., 847 S.W.2d at 221.
xx Scott v. Ingle Bros. Pacific., Inc., 489 S.W.2d 554, 555 (Tex. 1972); City of Fort Worth v. Gene Hill Equip. Co., 761 S.W.2d 816, 820 (Texas.App.- Dallas, 1991).
xxi Texas Oil Co., 917 S.W.2d at 830.
xxii When a contract leaves open the time and place of performance, the law may imply that the time of performance was to be reasonable time. Moore v. Dilworth, 142 Tex. 538, 542 179 S.W.2d 940, 942 (1944). What is reasonable depends on the facts and circumstances as they existed at the date of the contract. Heritage Resources, Inc. v. Anschutz Corp., 689 S.W.2d 952, 955 (Tex.App.-El Paso 1985, writ ref’d n.r.e.). See also Solomon v. Greenblatt, 812 S.W.2d 7 Tex.Appl.-Dallas, 1991) (court implied the time and place of performance in a ‘consulting services’ contract for management consulting.).
xxiii Smith v. Renz, 840 S.W. 2d 701, 704 (Tex.App.-Corpus Christi 1992, writ denied).
xxiv Roark, 813 S.W.2d at 496.
xxv Solomon V. Greenblatt, 812 S.W.2d 7, 15(Tex.App.-Dallas 1991, no writ).City of Crystal City v. Crystal City County Club, 486 S.W.2d 887,888 (Tex.Civ.App.-Beaumont 1972, writ ref’d n.r.e.); see also Jennings v. Radio Station KSCS, 96.3 FM, Inc., 708 S.W.2d 60, 61 9Tex.App.-Forth Worth 1986) rev’d on other grounds, 750 S.W.2d 760 (Texas 1988) (plaintiff/listener entitled to collect contest proceeds; consideration to radio station was gain in new listeners who hoped to win contest).
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