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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5266
Experience:  Licensed to practice before state and federal court
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My company was fully bought out by another company. I have

Customer Question

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?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: 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
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 1 month 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.