Severance Agreements Protect Sought-After Executives

This is an article of mine published  March 27, 2013 on my website at https://www.executiveemploymentattorney.com/articles-section/executive-severance-package/  along with other articles of mine at https://www.executiveemploymentattorney.com/articles-section/

The article indicates how a severance agreement protects executives employed on an at-will or other basis in the event of termination without good cause, and that it is wise to provide for severance terms in an employment agreement or offer sheet at the outset of employment. However, a severance agreement can be made at any time throughout the employment of the executive.

The article further indicates how severance agreements address continuation of salary and  also address other issues that might be very important to the executive including

• Continuation of health and other key benefits,
• Payment of bonus, or prorated bonus
• Vesting and other rights in stock, options or phantom stock of the company
• Protections for the executive’s reputation

Finally, the article also address items the employer may seek including non-competes, releases and waivers and negotiation strategies for executives on such items.

• Are you are an employee or executive reviewing a job offer or employment agreement with or without severance terms and need advice on terms or its enforceability?
• Have you been terminated or face termination and have similar concerns?
• Have you received a severance agreement and need advice on its terms or what to seek in negotiations?

In any of those cases, if  you have questions or need assistance, please email me at radelson@engelschultz.com or call 617-875-8665.

About Executive Employment Attorney Robert Adelson, Esq.

Robert A. Adelson, Esq. has been a corporate, tax and employment attorney since 1977. He graduated Northwestern Law School in Chicago, Law Review, and holds an LL.M. degree in Taxation from NYU. He began as an associate at nationally prominent New York City mega law firms, Dewey Ballantine and Weil Gotshal & Manges. For over 20 years, Adelson has been a partner in small and medium sized Boston law firms, representing CEOs and senior executives on employment, executive compensation, equity and separation matters.

Pitfalls of and Techniques to Surmount Non-Compete Agreements for Executives

Last Thursday, on August 10, 2017, CEOWorld magazine published an article I wrote on “Pitfalls of and Techniques to Surmount Non-Compete Agreements for Executives.” This article was designed for CEOs, C-suite executives and other senior executives who are asked to sign non-compete agreements with their company.  My article deals with both the coverage and pitfalls of non-competes but also offers key techniques for the CEO and senior executives to surmount non-competes and protect your career.

Techniques used in the past and offered to the reader include negotiation of the following

• Fully “Paid up” non-compete to make the Executive whole,
• Planning to navigate around the shoals of the non-compete terms,
• Use of an indemnity from the new employer.

My article also discusses key terms for the executive to negotiate in covenants for non-solicitation of customers and clients, non-solicitation of employee and contractors, confidentiality and NDA agreements, and assignment of inventions.

To see my full CEOWorld magazine article, go to http://ceoworld.biz/2017/08/10/pitfalls-of-and-techniques-to-surmount-non-compete-agreements-for-executives/
or my website at http://www.executiveemploymentattorney.com/articles-section/pitfalls-surmount-executive-non-compete-agreement/

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 that this article will be helpful to senior executives who are navigating the shoals of non-compete, non-solicitation agreements and going into a new position or change of control.  If you or any colleague of yours has a need in this area, please do reach out to me at 617-875-8665 or email radelson@engelschultz.com.

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:

• Signing Bonus
• Equity terms
• Equity Structure / Taxation
• Relocation
• Reliance
• Severance terms

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.

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 -

• 6 Key Points Every CEO should have in his or her Employment Agreement
• What every C-suite executive needs to know about negotiating their next personal services agreement

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