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Change in position and business unit Federal Florida

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  • Change in position and business unit Federal Florida

    I have a unique situation. I have worked for a company ("company A") for 9 years and we have been acquired by another company ("Company B"). As part of this acquisition, my role was going to be changed from:
    - From Manager of Analytics to Senior Architect (no more management),
    - I will have nobody reporting to me,
    - I will work in another business unit altogether (from the new company) with a new boss
    - I will be working on another product altogether

    Although in a very generic sense, it is still "business intelligence" work, everything else about the job has been changed from what was there before.

    I have an employment contract signed by the CFO (signatory of the company) stating 2 weeks of severance for every year of employment in the position of Manager of Analytics.

    I was expecting a new offer letter stating my new position, but was told by HR that because it was not an "asset" acquisition, but instead a company acquisition, that no new offer letter would be provided (although pretty much everything about my position has been changed).

    My question is, do I have a case for claiming severance per my employment contract because I don't want to accept the new position? Or, not accepting the new position will constitute in a resignation?

  • #2
    Only an attorney who has read the contract can answer that question.
    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.


    • #3
      So, no sense in placing the relevant clauses of the contract here?


      • #4
        What is relevant to you may not be the only relevant clauses in the contract. Plus, contract law is very state-specific. Have it reviewed by an attorney.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          As stated, you should most definitely seek advice and counsel from a local attorney.

          Nonetheless, does the contract state under what conditions you would receive the severance. It seems to me that it may be a difficult argument to make insofar as you have continuing work available. Has your pay remained the same?


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