Hello,My employer X sold the "staffing division" to Y company in Jan 2014. I did not join the Y company and relieved from X company with a w...

Question

Hello,

My employer X sold the "staffing division" to Y company in Jan 2014. I did not join the Y company and relieved from X company with a waiver that I can solicit all employees of X Company except non-staffing employees of X company.

Now, I am working for a different company and Y company sends "cease and desist letter " saying that I am soliciting X company's employees who are now part of Y company as per agreement singed in 2012 with X company. But X company gave me waiver which supersedes all my earlier agreements with X company.

I need legal help to send a reply to Y company saying that do not have any legal basis for their claims.

I am Tracy, CA and interested to meet someone who is local and help me.

Thanks in advance.

Answer

If X sold the staffing division, it sold the full bundle of rights it had in its staffing division, including any contractual rights. Therefore any waiver X gave you after it sold the staffing division to Y, no waiver of rights regarding the staffing division is valid. It would be no different than me giving you a waiver. Neither X nor I have any rights to waive at that point.