Q: Change in ownership, can my former employer force me to work for new employer?
I wish to quit once the change in ownership takes into effect in about 1 month (July 1st 2021), but my soon-to-be former employer uses our "3-month notice" contract phrase to make me stay for the full 3 months before quitting, which I will be with the new employer for almost 2 months. I believe the "3-month notice" contract is only in effect with the former employment. The soon-to-be former employer has a Corporate company name but only 1 practicing office under it. Now she's retiring and selling that 1 office, but states that I'm still held under her Corporate contract for that 3-month notice. Is she right?
A:
Unfortunately it is impossible to tell you if you are bound by the contract or not. It really depends on how the new owner of the company has taken ownership. If the new owner purchased all of the stock of the company, then it is still the same company but under different ownership. If instead the new owner only purchased assets and goodwill, and then formed a new company or used an existing company the new owner had, then it is a different company.
That said, a three month notice provision, while enforceable, is almost never enforced. Unless your resignation causes actual injury to the company, such as the inability to timely complete a customer contract, or something similar, there is little financial incentive to carry out expensive litigation.
Before you make a decision to go that way, it would be smart for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Good luck to you.
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