Does accepting a transitional job offer invalidate my change of control severance?

[atomz4peace]

What is the name of your state (only U.S. law)? California

I work for a public company that was sold (stock gone) and I will get a 6 month "transition" offer. My original offer letter has a change in control (CIC) clause providing severance and accelerated vesting if "within 12 months following a CIC, there is an involuntary Termination of my employment."

That's as specific as it gets. So assuming I get a "transitional" offer with a new title and no longer have staff:

- Can I decline and trigger my CIC clause? The old company will completely disappear
- If I accept then leave after 3 months, can I claim my CIC terms?
- What about the full 6 months?

Of course if the new offer tries to invalidate my original offer, then it's clear I have choice to make and have to do the math before signing or not.

But let's assume it does not reference my previous offer. My CIC clause does not mention Good Cause for me leaving, just "involuntary termination"

Thanks!

 

[cbg]

Not having read any of the appropriate agreements, I have no idea.

Severance agreements, and when and under what circumstances they are voided, are not a matter of employment law but contract law. As such, one would have to read the contract in question to answer your questions.