Hiring under false pretenses

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lariedinger

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My previous employer (ABC) is in the process of outsourcing IT application development to XYZ (my current employer). As part of this process I was given the opportunity to choose to accept a position with XYZ or get laid off and receive 7 months of severance. At the time I worked a part-time schedule (32 hours week) with flexible work arrangement (only 3 days in the office.) I accepted the position with XYZ with the understanding that I could continue this flexible work schedule. The HR rep told us that flexible work schedules could continue as long as the client (i.e. ABC) was ok with it. We are just now going through the Knowledge Transfer process with XYZ. In October they will take full responsibility of the application I support. At that time they are asking that I work 4 days in the office and won't allow me to continue my flexible work arrangement. ABC is still ok with it. I would not have accepted the position if I had known this up front. I don't have anything in writing as to what was said, but I do have a few people who understood the same. Do I have any recourse to collect my severance if I don't accept these terms? If XYZ lays me off within 2 years of my hiring, they have to pay my severance from ABC.
 
Take all the associated documentation from both companies to an attorney in your state. This is a more complicated situation than it appears, since in part the terms of the agreement between the two companies with regards to the outsourcing come into play.

It's more than we can answer on a message board.
 
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