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little3smom

expiration of promise not to apply

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Hi,

In 2007, I signed a severance agreement that included a provision that I would not apply for a job at the company going forward.  The company was subsequently purchased.  There is a role in 2019 I would like to apply for at the parent company.  Am I precluded from applying because of the previous agreement or did that promise terminate when the company no longer existed after the purchase?

Thanks!

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Impossible to say on the basis of the information available. Both the exact wording of the agreement you signed and the terms of the sale would impact the answer.

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3 hours ago, little3smom said:

In 2007, I signed a severance agreement that included a provision that I would not apply for a job at the company going forward.  The company was subsequently purchased.  There is a role in 2019 I would like to apply for at the parent company.

 

Just to be clear, in 2007, you signed the agreement with Company X.  Sometime after that, all of the shares of Company X were purchased by Company Z.  Now, in 2019, you want to apply for a job with Company Z, not Company X.  Correct?  How is it that you know about Company Z buying the shares of Company X?

 

 

3 hours ago, little3smom said:

Am I precluded from applying because of the previous agreement or did that promise terminate when the company no longer existed after the purchase?

 

We have no conceivable way of knowing because we've obviously never read the agreement you signed and know absolutely nothing about the circumstances under which it was signed.  At a bare minimum, you'll need to quote the relevant language from the agreement (with any names removed or redacted) and give us a brief summary of the circumstances that caused your former employer to want to include this provision in the severance agreement.

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Yes that description is correct.  I know about the acquisition because the acquirer is a multi-billion-dollar public company and the merger was widely publicized.  I will dig out the paperwork from 2007 and update the thread with the specific language.  

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