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