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Assignability of employment agreement

Discussion in 'Employment, Labor, Work Issues' started by Toastypillow1, Jan 13, 2022.

  1. Toastypillow1

    Toastypillow1 Law Topic Starter New Member

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    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?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    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.
     
  3. Toastypillow1

    Toastypillow1 Law Topic Starter New Member

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    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).
     
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Yes, it can be. It is right there in the contract verbiage. The new company is the successor.
     
    hrforme likes this.
  5. zddoodah

    zddoodah Well-Known Member

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    Just FYI, the opinions you'll get here will come from people who are not in Florida or not attorneys or both.

    Assigned by whom? The employer or the employee?

    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.

    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.
     
    hrforme likes this.
  6. Zigner

    Zigner Well-Known Member

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    Depending on how the acquisition is structured and the resulting entity(ies), there may be no need for any assignment.
     
    hrforme likes this.

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