Company is selling, I have been told I will be terminated via termination notice, but new employer MAY wish to keep on prior employees. Is this a way for the selling owners to get out of severance pay for the termination? What should I do, should I wish to collect severance and not work for the new owners?

Hello,

The selling employer is terminating you, which would entitle you to severance. Severance is to compensate you for the loss of employment income for a number of months. However, if you are able to replace your lost income by securing a new job, this may reduce the severance your employer owes you.

If the new owner offers you a job with them, the result may be that you have no loss of income and therefore are owed less severance. The details of the offer matter, and you may not lose all of your severance. If you receive an offer from your new employer and you are not sure that you want to accept it, make sure to reach out to one of our lawyers at Samfiru Tumarkin to know what your rights and obligations are before you make a decision.

Regards,

Lluc Cerda
Lawyer