no hire agreement

[vern502]

What is the name of your state? wi

The business i worked at was sold. In the agreement between the seller and buyer it was agreeed that a no-hire for 6 months
of the exsisiting employees by the seller. I let the new owner know before the closing date that i would not be working for him and that i would like to pursue a job with my current employer. My question is this...What rights do i have to pursue a job with my current employer if i myself did not enter into any agreement with the buyer?

 

[hexeliebe]

The purchase contract has nothing to do with you. You can go to your previous employer the minute they sign the contract.

Of course, the contract IS binding on the seller, so don't expect any job offer for six months. In the meantime, start looking for either a job or a sugarmomma.

 

[vern502]

two things........one i was never offered a job by the purchaser as was stated in the agreement and what about my rights to work for current employer?

 

[hexeliebe]

As I said above...you have every right to work for whomever you choose. The seller however, has no right to hire you without suffering a penality (which will be spelled out in the contract) up to and including a large monetary amount.

If the purchaser has not offered you a job then get cracking. You need something to do until the six months runs out.

 

[vern502]

as i said before the agreement states if the purchaser offers me a postion on or before the selling date. the purchaser did not ...so in affect i should be able to work for the seller.

 

[hexeliebe]

as i said before the agreement states if the purchaser offers me a postion on or before the selling date.

Oh really? and where did you state this?

two things........one i was never offered a job by the purchaser as was stated in the agreement and what about my rights to work for current employer?

Or here?

The business i worked at was sold. In the agreement between the seller and buyer it was agreeed that a no-hire for 6 months of the exsisiting employees by the seller. I let the new owner know before the closing date that i would not be working for him and that i would like to pursue a job with my current employer. My question is this...What rights do i have to pursue a job with my current employer if i myself did not enter into any agreement with the buyer?

The only thing you said was I was never offered a job by the purchaser as was stated in the agreement. That statement is a far cry from "the agreement states if the purchaser offers me a postion on or before the selling date".

O.K. so the purchaser did not or has not offered you a job. Have the closed on the deal? Has the escrow been satisfied? Have all terms of the agreement been met including receivables transferred, balance sheets audited?

In other words, again the agreement has nothing to do with you. If you are still there working either one of two things has occurred 1. the deal has not been completed or; 2. you have tacitedly been offered and accepted a job by your presence.

Either way, AGAIN, the agreement to purchase the contract has NOTHING to do with you. If you want to go to your previous employer and ask he hire you you are perfectly within your rights.

But HE is bound by the agreement. And he will be in a position to answer these questions. No one here because you haven't yet posted the entire purchase agreement verbatin.

 

[vern502]

ok thanks for you reply.

 

[cbg]

One thing you need to keep in mind is that while you are free to pursue employment with anyone you choose, NO company (and this includes the purchaser) is OBLIGATED to hire you. Even without the agreement, it's up to him whether to hire you or not. You do not have a guaranteed right to a position.

 

[vern502]

i understand that i have a position with the seller...however i must get the purchaser to for go the 6 month non-hire provision and thats where my question really lies. Do i have any rights that allow me to work for the selling company regardless of an agreement between them.

 

[cbg]

"Do i have any rights that allow me to work for the selling company regardless of an agreement between them."

No. You have no legally guaranteed right of hire.

 

[vern502]

i appreciate your reply..but it seems to me on some deeper level that if a company wants to hire me and i want to work for that company. That my rights are not being considered. It seems to be a form of discrimination as long as my position has no competitive effect on the purchasing company. I do understand that no one HAS to hire me. If you draw up a contract with someone that states you will not hire anyone named sam. Is that a binding contract? Doesn't someone named sam have the right to pursue that job as well as someone named tom?

 

[cbg]

Okay. One more time.

Yes, you may pursue employment with them if you want to waste your time. YOU are not bound by any agreement. YOU have not signed an agreement saying you will not work for the employer. You may spend as much time and energy as you want trying to convince the employer to hire you.

However, the employer HAS signed an agreement that he will not hire anyone from the other company for a six month period. He is bound by that agreement. He may not hire you without being liable for a breach of contract suit by the other company.

If he wanted to hire you that badly, he could have refused to sign the agreement. Obviously you are less important to him than the good will of the other company. He has that right.