Buyers of Defunct Companies’ Assets May Face Unwelcome Surprise

Strauss Troy Labor And Employment Attorney John Fischer To Present

If you buy a defunct company, from its bank or out of receivership or bankruptcy, make sure that you aren’t liable for any actual, or alleged, labor and employment law violations of the old company. The burden of proof is on you — even with an asset purchase and hold-harmless agreements. Federal courts can simply ignore these.
Often, labor and employment law’s “federal successor liability rules” actually trump state business laws and contracts designed to protect buyers.