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by droithomme 4709 days ago
It's an interesting point. Onerous contracts signed under duress are not valid in many jurisdictions. Threat of dismissal, the "sign this or else" ultimatum is considered duress. Also, in some countries this scenario would certainly be considered constructive dismissal. As it is though their jobs at the old company don't exist nor does that company and they have not consented to work for the new company, so this is absolutely not voluntary separation, it is dismissal, and they are absolutely entitled to unemployment.
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But is that really a "sign this or be dismissed" threat? It seems more like a "Company X is dismissing you. We (Company Y) are offering you a job. Would you like to accept?" type of situation. Which is a lot better than a "Company X is dismissing you. We (Company Y) are not interested in you either. Good day." type of situation.
RIght; in fact, in my last job, it happened in exactly that way. A 2nd or 3rd rate Beltway Bandit got bought by a big foreign company, and because of the latter any units working in national security had to be acquired by a US company, and before the acquisition. My unit was one of those, and we got a document with a bunch of demands, like the last N years worth of non-competes you'd signed, and then in theory they'd hire you. If you didn't sign it, you'd be laid off (in this case there was a successor organization, that wouldn't be true in these aquihires).