Employment Law Questions? Ask an Employment Lawyer.
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Thank you for the quick reply.
A few areas for further clarification based on your response.
Historically the company offered severance of one week per year.
Is it your view that this is the key to the rehire clause in the contract with Seniority needing to be added. Otherwise seniority really means nothing.
Is the company obligated ? Why would I fight for seniority term if it offers nothing of value being an at will state?
Obviously the key negotiation is to attain the seniority statement within the re-hire clause if it is of value based on severance history or otherwise.
I can not tell from your At Will statement outside of potential wrongful termination concerns on the companies behalf, why they would offer severance on seniority if they don't have to? And why would they in this situation?
Is the company obligated ? Why would I fight for seniority term if it offers nothing of value being an at will state? - See answer above - you'd need a contractual clause stating they can only terminate after some definite amount of time and/or "for cause". Otherwise, you are correct, the agreement really offers no additional security to you. Your keys in negotiation would be those three things - seniority, definite length of employment and/or "for cause" termination only.
I can not tell from your At Will statement outside of potential wrongful termination concerns on the companies behalf, why they would offer severance on seniority if they don't have to? And why would they in this situation? -- I think the only reason you've been offered anything here is that they want to sell, or they want you to sell, the division. You must have some worth to them in the transaction ,and they want you to stay on through the transition. That's the only thing I can think of.
Hope this helps. Let me know if you need further assistance. Thanks
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