Employer Change

This is a discussion on Employer Change within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; Hello, I was hired several years ago to work for a person and my contract says I work for him, as a person. I am now asked to sign another ...

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  1. #1
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    Employer Change

    Hello,

    I was hired several years ago to work for a person and my contract says I work for him, as a person. I am now asked to sign another contract (which I'm otherwise willing to do) which says I work for his company. It makes sense in that we did transition and I get my paychecks from the company now but I never signed an assignment. The owner says there is one and that I wasn't required to sign it. Is this correct? Can I work for a new company out of the blue, without my "consent?" Could they just assign the contract to a new company tomorrow without my knowledge and I would be an employee to that company?

    Thank you for any help and your time.


  2. #2
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    We have not seen your contract and could not begin to answer these questions unless you posted it online for us to see.

  3. #3
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    Reread your contract. Does it contain a provision about transferability? If not, then the agreement likely is limited to the parties who executed it.

    With that said, OP, does the transfer to or commencement of a separate employment agreement raise any substantive concerns? If you receive the same essential terms and conditions of employment, does the fact your employer is the corporation as opposed to this individual make a difference?

  4. #4
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    Thank you. In looking for a provision about transferability, all I found was that "Employee shall not assign this Agreement to any other person or entity." It says nothing about the Employer. Which I suppose means that they can do it, since they're not banned from doing so.

    As for my concerns: I just didn't want to sign the new agreement claiming that I'm legally working for the company when I didn't think I was. But I guess I am. And I've been working for it for years - just not by agreement, to my knowledge, which is a weird feeling.

  5. #5
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    Technically, for years you worked for the individual who signed the original employment contract. The fact your checks have been drawn on a corporate account during this period did not necessarily change this contractual relationship.

    I still do not understand why it would make a bit of difference to you whether your employer is the individual proprietor or the proprietor’s corporation.

  6. #6
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    I don't care who my employer is. I care about signing the right contract. In other words, I'm not going to sign that I work for Microsoft when I don't know that I do.

  7. #7
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    if your job doesn't really change, the assigning of your contract is pretty irrelevant. If your job changes and requires something else of you because of the assignment, it would probably need your agreement.
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