The home care company that I’ve worked for for the last five years was a franchise. The owner sold it back to the head corporation. I have to fill out all paperwork as if I am a new employee. My question is, since the company I worked for and signed a contract with no longer exists, can I legally work for the family and not rehire with the corporation?
Charrington, was there any mention of who owns the documents produced by the franchisee, the one with which you worked?
My daughter has non-compete clauses in her contracts, she is an RN. This may not have anything to do with this situation, though.
Just a thought. If you don't sign up with the Corporation, will this be considered quitting? Do the clients carry over to the Corp? This is where you need to read your contracts. Because, if the people you work for are still clients and they drop the agency for you to work for them privately this may not be allowed in your contracts. Its like you are stealing their client. Visa Versa, they are stealing an employee.
Please, this is just a thought. Not saying I am right.
When a franchise is bought by the corporation, it is "understood" employees are retained and the new company is the employer. In all case law, this does not violate the WARN Act or employment contracts. Timing and employment status does, as well as the CLIENT contract.
Who here is going to pay for OPs legal bills? I will not. I do not speak of crap based on a gut feeling of what I think is right or wrong. You guys are costing this person money for no reason.
Learn employment law before commenting on thoughts. Bad advice when you do not know the difference between elder and employment law.
1. Were you a full or part time employee? In a circumstances such as this PT is a better circumstance.
2. What does your client's contract say?
Read the WARN Act. It may not apply but you could potentially use it as leverage.
You also need to have someone read that contract word for word. IF it stipulates that you cannot work independently for any person you have worked with through them for X number of years, that may be enforceable by the corporation. That is the sort of language you are looking for.
I think she could contact her local employment board to get the answer without paying for an attorney.