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Tuesday, June 13, 2017

Getting Executive Severance Rights and Compensation When You Choose to Quit Your Position

Executive severance compensation terms and negotiations

On May 30, 2017, CEOWorld magazine published an article I wrote on  “Getting Executive Severance Compensation When You Choose to QuitThis article was designed for CEOs, C-suite executives and other senior executives who for reasons beyond their control want to quit their current position and ought to be able to get appropriate executive severance compensation in connection with their separation.

My article takes up four main areas:
  • Circumstances when you want to quit
  • Issues governing Severance when you quit your position
  • Key contract terms:  Termination for Good Reason in your Job Offer
  • Circumstances of Constructive Discharge
  • Severance rights and compensation to seek for in Constructive Discharge
  • Getting what you deserve if you terminate your position

To see my full article, go to LINK:  http://ceoworld.biz/2017/05/30/getting-executive-severance-compensation-when-you-choose-to-quit/

or on my website at http://www.executiveemploymentattorney.com/articles-section/getting-executive-severance-compensation-when-you-choose-to-quit/

With more than 12.4+ million page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.


It is my hope this article will be helpful to senior executives who are considering quitting their current position or feel they are now being forced out, and deserve severance and the change to start anew while keeping their careers on the upward trajectory.  If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com.



Friday, April 28, 2017

Executive Employment Contract Terms for Women CEOs

One week ago, on April 25, 2017, CEOWorld magazine published an article I wrote on  “Executive Employment Contracts for Women CEOs – Terms and Negotiations.”  

Despite significant advances in employment laws, gender inequality remains an area of both concern and controversy. Women continue to lag behind men, even at the CEO, C-suite and senior executive level, when it comes to compensation, opportunity for advancement, job status and equity sharing, to name just a few.

Many women still have to prove themselves as trail blazers for their gender in all-male executive management teams that still operate as the “old boys club” with a locker room mentality toward women.

This article discusses hurdles faced today by women with regard to
  • Hiring – achieving equal pay, benefits and other key terms in hiring
  • Change of Control – achieving equal treatment for contributions made that have brought about a successful exit and change of control for the company
  • Harassment & Termination – Circumstances where despite their professional attitude and achievements, women are not judged on merit, but instead face gender-based workplace harassment, threatened and even actual employment termination.
Women executive negotiating employment agreement

In each instance this article discusses not only these circumstances but also actions for women CEOs and senior executives to take to protect their interests, obtain their proper rights and benefits, and continue their path of career advancement.

My article on this subject was published March 27, 2017 by CEOWorld magazine.
To see my full article, go to Executive Employment Contracts for Women CEOs

With more than 12.4+ million page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business
leaders, and high net worth individuals worldwide.

It is the goal of this article and my work in this field to aid women CEOs and senior executives in facing these special challenges when they arise and overcoming these challenges while keeping their careers on the upward trajectory.  If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com.

Saturday, April 1, 2017

The CEO Job Offer Letter: Key Terms and Negotiation

One week ago, on March 27, 2017, CEOWorld magazine published an article I wrote on  “Negotiating Key Terms in Your Next Executive Job Offer.” 
 
When you receive, a job offer letter, how do you evaluate it? Do you accept the terms “as is” or do you negotiate? You do a great job negotiating deals for your company but do you always do as well when representing yourself?
 
This article explores the situations in which you negotiate the employment job offer, the terms you should focus on and their ramifications, and how an executive employment attorney can help you.

Often CEO and senior executive recruits have considerable bargaining power.  The employer wants and needs you.  You may never be in a better position to negotiate further than you are at the moment of the job offer.
 
Assuming you get the salary and target bonus you are looking, there is still an awful lot on the table.  Many of these items may be far more important than salary, including these key items fully discussed in my article:
Even if this is your only job offer, one at you must take, these terms are just too important to accept them “as is” without at least some effort to structure terms that don’t change the essential deal but still offer you important protections.
 
Sometimes just a word here or there, or an extra clause added by a skilled attorney can make an enormous change for you in realizing the benefit of your bargain or enabling you to leave a difficult situation you did not anticipate.
 
My article on this subject was published March 27, 2017 by CEOWorld magazine.
To see my full article, go to http://www.executiveemploymentattorney.com/ceo-job-offer-letter/ or  http://ceoworld.biz/2017/03/27/negotiating-key-terms-next-executive-job-offer/
 
With more than 12.4+ million page views, CEOWORLD magazine is the world's leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.
 
If you or one of your colleagues is a CEO or senior executive who has received or expects to receive a new job offer, I am glad to assist.  Please do reach out to me at radelson@engelschultz.com.

Sunday, March 19, 2017

Key Items Every CEO Should Have in His or Her Employment Offer

On January 20, 2015, I gave an invite only presentation for the Vistage community at the conference Center at Waltham Woods, Massachusetts. My topics were -

Attorney Robert Adelson helps CEOs get a fair return on their professional investment.

I presented a case example (based on past client representations) of fictional CEO or C-suite executive Dr. Zhivago negotiating his job offer Dr. Zhivago negotiating his job offer and employment contract with a Massachusetts life sciences company. The case example l illustrated issues of relocation, authority, warranties, signing and performance bonus, equity, vesting, golden parachutes and non-competes. I concluded with the key points needed in all CEO employment contracts and in negotiating C-suite executives' personal services agreements and strategies on how to obtain them. Each attendee received a folder with the presentation outline and two of my published articles on C-suite employment issues.

To view the outline of the “6 Key Points Every CEO should have in his or her Employment Offer”: https://www.slideshare.net/RobertAdelson/6-critical-items-every-ceo-needs-in-his-or-her-employment-offer

If you are a CEO or C-suite executive and would like more information on this presentation or need advice with your own job offer or employment contract, please do contact me at radelson@engelschultz.com

Friday, March 3, 2017

The Advantage of RSUs in Your CEO Compensation Package

One week ago, on February 28, 2017, CEOWorld magazine published an article I wrote on  “The Advantage of RSUs in Your CEO Compensation Package.”  

For CEOs, C-Suite executives and other senior level executives, equity compensation is a key part and often the most important part of their compensation package. For many senior executives, equity means stock options or restricted stock. But in many circumstances the better choice is RSUs, restricted stock units.

RSUs are most useful in mature companies where the CEO or C-suite executive takes a position where stock has considerable value, but growth is still expected in the public company or perhaps an IPO or liquidity event is not far off. In that circumstance, the key advantages of RSUs is that taxation would be put off until vesting has occurred and the company would typically pay for or assist in payment of the taxation that would arise, and is willing to do so because vesting has already occurred.


RSUs in a CEO Compensation Package

RSUs are even more valuable to the CEO or senior executive when he or she takes over in a turnaround situation in a mature company where there is no assurance of appreciation and the CEO needs assurance of a floor in his or her equity value.  RSUs also offer a clear advantage over stock options to CEOs and C-Suite executives because RSUs after vesting always retain some value.  RSUs effectively have a floor on value. They can never go underwater and become worthless as often happens with stock options.

My article discusses these subjects –

    What are RSUs?  When are RSUs paid out?
    How are RSUs taxed?   How do you pay the taxes that come due on RSUs?
    When are RSUs most useful?  When are RSUs least useful?
    What sort of RSU package should a CEO or C-suite executive look for?
    Key Terms to negotiate in RSU grants

My article on this subject was published February 28, 2017 by CEOWorld magazine.

To see my full article, go to http://www.executiveemploymentattorney.com/articles-section/the-advantage-of-rsus-in-your-ceo-compensation-package/

With more than 12.4+ million page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.

The terms of the RSUs may be set out in the employment agreement or a separate grant agreement.  Either way, the CEO or C-suite executive needs to be aware of a number of important terms to be reviewed and negotiated in RSU agreements.  With RSUs, as with restricted stock and options, bonus, severance and other key areas of the executive’s employment agreement, it is important to retain trained tax and executive employment counsel.

If you or one of your colleagues is a CEO or senior executive negotiating a compensation package and has questions on RSUs or terms to include in that package, I am glad to assist.  please do reach out to me at 617-875-8665 or email radelson@engelschultz.com.


Tuesday, February 14, 2017

Massachusetts Non-Compete Agreements: Enforceable despite recent State Legislative Activity


47 of the 50 states in the USA have some level of enforcement for non-compete agreements. Non-compete agreements are those agreements that give companies the right to sue a former employee who starts a new company or joins a competing business.

Saturday, February 4, 2017

Executive Employment Termination: What Constitutes Wrongful Termination?

You are the CEO or a C-suite officer or senior executive and you’ve been putting your heart and soul into the job. You’ve been meeting your deadlines, meeting your targets. You’re in line for a decent bonus or raise. Yet, instead of praise and reward, one day you are summoned to meet the Chairman or the CEO. HR is there also and you are told the Company is going to go “in a new direction” and your services are no longer needed. What do you do?