Employees transferring to another company internally.

[Conner Lantz]

#79927

We need to transfer a number of employees to other internal companies.
Do I create an amendment letter, which will refer to their original employment letter? What do I call it “company transfer letter”? or just transfer letter?
What do I do with the several employees with approximate 18-25 years of service with no employment letter.
Also, what do I need to ensure is in the transfer letter?
Thank you.
Mirella

[Conner Lantz]

#79928

Two caveats: 1. I don’t know all of the facts; and 2. I can’t provide you legal counsel. My general impression is that:
A. You probably don’t need to execute any kind of writing for employees who don’t have a written employment contract.
B. You may or may not need to execute a written agreement for the other employees, depending on what their current contract says. First, does it expressly address/allow for transfers? If so, what does it say?
C. If it doesn’t say anything about transfers, you may need a transfer agreement or just a revised contract to the extent: i. The transferred company isn’t listed as the employer; and/or ii. The contract specifies the specific location. That’s because the original contract will no longer work. Again, you can do it as either a transfer agreement or an amended employment contract. Hope this helps. Glenn

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