Assignability of employment agreement

Toastypillow1

New Member
Jurisdiction
Florida
I've gotten 2 different opinions from 2 different attorneys on this so I thought I might as well get another one.
Can an employment agreement (and subsequent noncompete) be assigned in Florida if the only language possibly allowing it is "the agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns."
I had someone say the agreement was not expressly assigned and someone else say that the wording was sufficient. Who is correct?
 
A lot depends on the circumstances. You wouldn't need that clause in order for one party to assign the contract to another. That clause doesn't "allow" the assignment, it just binds the parties if it is assigned.

Example: Your boss sells his company. The new owner decides to keep all the employees. Your boss assigns the employment contracts to the new owner. Now you and the new owner are bound by that contract.

My answer may change if you'd care to post details about what is actually happening to you.
 
The company I work for is being acquired by a larger company. I wanted to know if there was a chance my original contract with the above wording would automatically get assigned with no further action of my own (should the company wish to go that route).
 
The company I work for is being acquired by a larger company. I wanted to know if there was a chance my original contract with the above wording would automatically get assigned with no further action of my own (should the company wish to go that route).

Yes, it can be. It is right there in the contract verbiage. The new company is the successor.
 
Just FYI, the opinions you'll get here will come from people who are not in Florida or not attorneys or both.

Can an employment agreement (and subsequent noncompete) be assigned in Florida

Assigned by whom? The employer or the employee?

I had someone say the agreement was not expressly assigned and someone else say that the wording was sufficient. Who is correct?

Huh?

As a matter of general contract law, a contract may be assigned unless it says otherwise. Only a Florida employment law attorney who has reviewed the contract and talked with you about all relevant facts can give you an informed answer to the question about assignability.

The company I work for is being acquired by a larger company. I wanted to know if there was a chance my original contract with the above wording would automatically get assigned with no further action of my own (should the company wish to go that route).

What would make you think that the acquisition of your employer by another company (which presumably means that the other company will be buying all or a substantial percentage of your employer's stock) would result in the assignment or need to assign your "employment agreement"? My employer was acquired by another company about 5 years ago, but that didn't change anything as far as my employment status.
 
The company I work for is being acquired by a larger company. I wanted to know if there was a chance my original contract with the above wording would automatically get assigned with no further action of my own (should the company wish to go that route).
Depending on how the acquisition is structured and the resulting entity(ies), there may be no need for any assignment.
 
Back
Top