If my company is being bought and I was told that I’d get the same pay and compensation but the 2 year agreement that I’ve been asked to sign does not state this in detail, should I be concerned?

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If my company is being bought and I was told that I’d get the same pay and compensation but the 2 year agreement that I’ve been asked to sign does not state this in detail, should I be concerned?

The new agreement is for 2 years.

Asked on June 4, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you should be concerned--but there may be nothing you can do about it. Oral (spoken) promises, or even written promises not contained in a contract, are not enforcerable or binding. The only thing enforceable and binding in an employment law context is a written contract, so if you received a written contract, it's only what is in the contract that is enforceable--nothing else. However, because non-contractual assurances or promises are not enforceable, you can't make them give you what they told you that you would get--and they can terminat you if you don't sign the contract. You can try to negotiate, but be prepared that you may have no leverage and may have to choose between signing and losing your employment.


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