Is it common to reference a purchase agreement in an employment offer letter?

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Is it common to reference a purchase agreement in an employment offer letter?

I work for company A which is being acquired by company B. I received an
employment offer from company B that has a reference to the asset purchase
agreement. Is that common practice or necessary? If so, should I ask to receive
a copy of the purchase agreement to review along with the employment offer?

Asked on May 7, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While we can't comment if it is common in your particular industry, it is not generally common--I have not seen this done, and I have been involved in several corporate acquisitions (on both the buy and sell side). We cannot say whether it is necessary: that depends on what the employer is truying to accomplish by the reference. We can say that if the asset purchase agreement is referenced in the employment offer, you should review it, or at least the relevant portion[s] thereof (e.g if it says "this offer shall become effective only after the effective date of the Asset Purchase Agreement, all you need see are those provisions relating to the effective date).


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