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Not knowing who made the promise or what form it took - I cannot comment on that specifically

Posted: Aug 18th, 2015 - 9:54 am In Reply to: I get what you are saying, the problem here is - they promised us

...I'll agree that it's not that uncommon, especially when acquisition rumors surface, for the company being acquired to make certain representations to employees just to keep them from bolting (and thereby diminishing the value of the company being acquired)...in other words, just to hold the deal together.

If that is what happened here, it was certainly unethical, but the bad behavior has to be laid at the doorstep of the company being acquired, because they made a false representation to you - in other words, they lied to you.

On the other hand, you are probably legally entitled to rely on these representations EVEN IF THEY WERE FALSE, depending on how they were communicated and who (exactly) it was who made these promises. It would have to be someone who had the authority or position to bind the company legally.

If you have something in writing with respect to these promises, you probably have a cause of action, but I doubt you could afford to pursue it unless you could make it a class action on behalf of all the adversely affected employees.

If these promises created a legal obligation (liability) to the company that was bought out, there's a very good chance that the acquiring company would be bound to honor them as well. Ordinarily, when one company acquires another, it assumes the obligations or liabilities of the purchased company, and not just its assets.

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