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My company was fully bought out by another company. I have…

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My company was fully...

My company was fully bought out by another company. I have worked their 18 yrs. They did massive layoffs and paid severance to many people. They are forcing me to accept another role that I don't want to do and if I don't they WILL NOT pay me severance after 18 yrs of service. They are trying to get me to sign a agreement that I can't take legal action if I sign it and they will give me a small bonus. Do I have anything here that I can go after the new company for a lawsuit to get severance like the other employees rather then forced to take a role or nothing?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

They want me to sign a "transition agreement" when I accept this new full time role where I can't take any legal action against them They will pay a slight bonus for signing it but told me if I don't accept the knew MOSTLY COMMISSION cold calling sales position I get no severance and out of a job My current role is all salary and bonuses and forcing me into a bottom level cold calling sales job

Submitted: 11 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

I'm sorry to hear about your situation. It is not required that you sign any agreement to avoid suing them in court. It's your right to modify the agreement in a way that makes you comfortable.

As far as them not giving you a severance, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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