How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38446
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My husband has worked with Activate ( a company that sells

Customer Question

My husband has worked with Activate ( a company that sells AT&T products) for a year. He just became eligible for benefits. He has basically been responsible for the store in Ashland,Or. Last week, his Supervisor told him that Jason(the representative for AT&T) was selling Activate to a new company, but his job would be secure as part of their agreement. Monday, the rep from the new company talked basically echoed those sentiments(having him sign papers). Yesterday, my husband was basically ripped apart by his current supervisor, but finally told to just stay loyal to him thru Sunday night, then the switchover occurs Monday. Today, the rep from the new company said they were hiring their own people (breaking the agreement). Now my husband is going from a full-time job in the process of benefits and seniority at a store that he's gone above and beyond with, close to home, to (possibly) a part-time job at another store that's a 1/2 hour away. Can the new company break the agreement like this? What responsibilities does a current employer have to its employees?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

That is a most terrible situation to be in, and I am genuinely sorry to hear that your husband is in this situation. Before I fully respond, this agreement that he signed, did it guarantee anything directly, such as a set period of time working for the company, a set wage, or anything else?

Customer: replied 1 year ago.

They had him sign all of the forms, including W-4s. The wage agreement was a general sales wage (commission, etc).

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

It sounds as if they simply brought him on board as an 'at-will' employee. 'At-will' employment is something that can be modified or even terminated at any time without cause by either party. In other words the employer in this case can change their mind and offer a different position or terminate outright, which is equated to the same right that your husband would have in giving notice and quitting to go work somewhere else. An employer cannot make this decision due to factors that are forbidden under law, such as based on age, gender, race, religion, national origin, creed, or disability if any. But if such factors are not present, and the employee did not have a contract limiting such termination, the employer is free to modify terms, even if that modification disfavors the employee. I truly wish I had a different answer for you, but an employer here is under no legal obligation to keep their work since the contract provided did not provide any guarantees.

Good luck.

Customer: replied 1 year ago.

I'm not happy that I can't go in and edit out names and details that I don't necessarily want public. This whole situation is pretty messed up and I don't want to have my husband blamed for concerns I have. I guess my question should be more geared towards the fact that he has been with the current company for a year and carrying the employees over was part of the contract agreement. The representative has referred to how he's breaking the agreement and hiring his own people.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I can most definitely understand your frustrations. However that is technically a breach of contract that the company is having with the previous entity, so it would be up to that entity to potentially file suit and seek recourse. Your spouse, as he did not have a contract that guaranteed specific benefits, cannot really sue for something he didn't have before. The new company essentially 'steps into the shoes' of the first, they take over the same contracts and same obligations but they also obtain the same rights. If the prior company had your spouse as an 'at will' employee with no promised benefits, likewise the new company can do the same. I truly wish this were an easier situation, and as someone who's been through layoffs myself, I do empathize. But what the employer is doing here is not really a violation or breach of terms.

Good luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.