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Outsourcing Questions Massachusetts

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  • Outsourcing Questions Massachusetts

    My company is in the middle of outsourcing our IT department. We have been told that offers from the outsourcing company will be presented to our human resource department for evaluation. If our HR department determines they feel it is comparable to what we currently valued at they will present the offers to us. If we donít take the offer then we are being told we will be considered as "resigning" and are ineligible for unemployment or any severance package. These offers could be for less money and we will not be given the formula or a breakdown on how they determined it to be comparable. The people not offered jobs or jobs that HR determine arenít comparable will be given severance packages. Can they force me to take a job with another company or wouldnít they have to fire me? Also does a company have to disclose to its employees what its severance policy(RIF) and how itís calculated.

  • #2
    This is a duplicate post, but since it includes far more information than the first one I'll respond to this and delete the other. For the future, please post each question only once; all the responders read all the employment law forums. You will not get more or better answers by posting multiple threads.

    To answer what appears to be your primary concern, no, they are not obligated to disclose how the severance, if any, is calculated.

    No one can "force" you to take another job; however, they do not have to provide you with any severance if work is offered and refused. Refusing work can also have a detrimental effect on your unemployment claim. They are not obligated to defend their decisions to you; include you in the decision making; or explain to you how the decisions were calculated.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.