Legal Question in Business Law in Florida

Breach of employment contract

My company was sold in January 2007. The purchase contract stated the named employees were to be retained with the employment terms and conditions of 2006. The new owners have changed all the employment terms and conditions and expected us to sign a new employee contract after the sale. None of us did that since it violated the purchase contract. Were they allowed to do this? Are they in breach of contract? What recourse do the employees have?


Asked on 8/07/07, 10:38 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Breach of employment contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The agreement was between the former owner and the new buyer and not the employees. Very possibly the employees will not have any rights under the agreement to enforce it as they were not parties to it. Florida laws allows an employer to hire and fire at will with no recourse other than a right to file for unemployment compensation payments. The employees should get together and have an employment lawyer review the situation together with a copy of the agreement to advise you of your legal rights, if any.

Scott R. Jay, Esq.

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Answered on 8/07/07, 12:29 pm
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Breach of employment contract

This is a fact specific question that will turn, in part, on the purchase contract between old company and new. Florida is an at will state, thus employers are generally free to change the terms of employment. You will need to contact an attorney to have them review your employment contract and the purchase contract for a complete answer regarding your rights Feel free to contact us.

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Answered on 8/07/07, 10:49 am


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