Key Terms to Negotiate in Your Next Executive Job Offer

Two weeks ago, on Wednesday October 25, 2023, the executive career advancement website IvyExec published an article I wrote on “Key Terms to Negotiate 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 agreement 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.

To see my full article, go to LINK: https://ivyexec.com/career-advice/2023/key-terms-to-negotiate-in-your-next-executive-job-offer

or my website, go to LINK: https://www.executiveemploymentattorney.com/key-terms-to-negotiate-in-your-next-executive-job-offer/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”.

See also — https://www.ivyexec.com/
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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 617–875–8665 or rob@attorneyadelson.com 

Navigating Past Clawbacks to Take a Competitor’s C-level Job Offer

Ten days ago yesterday, on Sunday April 30, 2023, CEOWorld magazine published an article I wrote on “Navigating Past Clawbacks to take a Competitor’s C-level Job Offer.”

This new article is designed for designed for CEOs, COOs, CFOs, C-level and senior executives, who would like to make a move, who are considering a new position, or who are being courted or recruited for a C-level position with a direct competitor company, but face a serious obstacle in even testing the waters with that direct competitor company. That serious obstacle comes in the form of significant clawback terms in your past executive equity grants with your company.

In many cases, these grants and the clawback rights accrued over the years, can potentially cost a departing executive millions of dollars. These dollars of forced repayment can thus pose a truly draconian deterrent to leaving to join a direct competitor.

How can you explore the opportunity and still protect yourself?

This article fully discusses this problem and then shares some of the author’s techniques representing C-level clients in major US corporations under just these circumstances. The article closes with advice to navigate the clawbacks peril to join a direct competitor, by fully preparing and covering yourself using the two-fold strategy set out in the article.

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2023/04/30/navigating-past-clawbacks-to-take-a-competitors-c-level-job-offer/

Or on my website at https://www.executiveemploymentattorney.com/navigating-past-clawbacks-to-take-a-competitors-c-level-job-offer/

This was my 41st article published in CEOWORLD since 2016. Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.

On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles. You can peruse this library and/or read as many of my 41 published articles as you wish. See https://ceoworld.biz/author/robert-adelson/

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. https://www.linkedin.com/company/ceomagazine/

It is my hope that this article will be of benefit to CEOs, C-level and senior executives to offer insights and guidance for you to be able to explore what might be your best opportunity: an attractive C-suite job offer with a direct competitor. To do that, it may be important to first put in place proper safeguards to navigate past the serious potential liability if your current employer has clawbacks in place. If you or any colleague of yours has a need in this area, please do reach out to me @ 617–875–8665 or rob@attorneyadelson.com. 

CMO Employment Contract Tips to Protect You and Your Job

 On September 30, 2021, the website Ivy Exec published under executive “Advancing” an article I wrote on “CMO Employment Contract Tips to Protect You and Your Job”.

This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives, who currently are considering offers for the Chief Marketing Officer position but expect to soon receive such an executive job offer or who aspire to such an offer in the future.

As Chief Marketing Officer the executive may be expected to oversee all areas of a company’s overall promotion, branding, digital presence, advertising and sales strategy, as well as coordinating marketing efforts with the company’s product development, financial position and goals. My article mentions how responsibilities and authority of the CMO can vary by organization but often include most or all of these duties:

• Market research and analysis to better understand customer tastes and needs, and develop pricing strategy,
• Determination of the type of media best suited to reach target audience,
• Development and execution of a Digital marketing plan through various online and social media channels, proper SEO, email, and website development,
• Utilization where appropriate of advertising campaigns with giveaways, contests and other means to build interest in company products or services.

My article also discusses delineation of your duties, responsibilities, authority and reporting and including in your offer letter or employment contract key executive employment terms on which you rely to take the job.

Finally, but also importantly, my article next discusses what to seek in getting the right CMO Compensation Package, and concludes with a discussion of severance rights to enable you to protect the terms of your bargain reached with the company.

To see my full IvyExec Career Advice website article, go to LINK: https://www.ivyexec.com/career-advice/2021/cmo-employment-contract-tips

Or on my website at

https://www.executiveemploymentattorney.com/cmo-employment-contract-tips-to-protect-you-and-your-job/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/

It is my hope that this article will be of benefit to VPs, directors and senior executives who have the opportunity to negotiate their first job offer to be Chief Marketing Officer or for those who are already CMOs and seek more appropriate terms in their next job offer. My article suggests terms and approaches to each of you and thus I hope will provide you a benefit in your negotiations.

Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.

Executive Contract Terms to Negotiate with Your Prospective Employer

On Tuesday June 22, 2021, the website Ivy Exec published under “Career Advice” an article I wrote on “Executive Contract Terms to Negotiate with Your Prospective Employer”.

 

This new article is designed for CEOs, C-level and senior executives, who are sometimes neglectful of their own interests and might be tempted to accept the assurance from a prospective employer that the job offer terms are just standard.  But executive contract terms are not standard.

My article discusses critical contract terms that, as a senior executive, you should consider negotiable to assure you are receiving fair financial treatment and to provide important protections to your career path and reputation.  I suggest negotiation strategies for key contract terms including: 

• Signing Bonus – to make you whole for what you are giving up from your job and also compensate you for the risks you are taking going into a new situation where you will have to prove yourself yet again,

• Meaningful Equity – giving you a stake in the company sufficient in size and upside potential to justify the move.

• Tax-favored Equity – with my structuring suggestions to maximize your take-home pay.

• Restrictive covenants – NDAs limited to not bar you from future utilization of  your prior knowledge and connections, Non-competes limited so no significant detour is created to the expected path for your future career growth,

• Severance triggers – to allow you to quit for good reason if the company fails to live up to promises you relied on accepting the offer;  

• Robust severance terms – with not only severance pay but continuation of health benefits, prorated bonus and equity acceleration.

My article then concludes with a discussion of other non-contract factors that go into the decision to accept a job offer such as compatibility with company, fit of skills and personality, and your belief in company prospects.  

But remember, even where you see a good fit going in, things can change: so, having a good contract is an important protection against your champion leaving or other unforeseen developments.

To see my full article, as published in the “Career Advice” section of the Ivy Exec website, go to LINK: https://www.ivyexec.com/career-advice/2021/executive-contract-terms-to-negotiate-with-your-prospective-employer/

 Or on my website at https://www.executiveemploymentattorney.com/articles-section/executive-contract-terms/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience.  In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals.  IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.  https://www.ivyexec.com/career-advice/write-for-us/

It is my hope that this article will be of benefit to CEOs, C-level and senior executives who are contemplating a new job offer or employment contract and want to assure the key need financial terms and career protections are in place.  This article suggests to you what is negotiable and that it may be wise to seek these items even when you feel confident the job is a good fit for you.  Because sometimes, your champion may leave or other things might happen – so that, at that point, it might be comforting to you to know you have in writing critical contractual protections.

So, my hope is that this article will offer insights on these important matters. Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me.

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy

Six days ago, on April 28, 2020, CEOWorld magazine published an article I wrote on “Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy”.  The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website.

This was my 27th article published in CEOWORLD. Earlier this year, the editor advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  See https://ceoworld.biz/author/robert-adelson/

This article, my most recent, published April 28th , is designed for CEOs, C-level and senior executives, especially those who receive a job offer, then give notice to their current employer and later see the new offer rescinded or withdrawn due to the economic downturn or turmoil arising from the COVID-19 /coronavirus pandemic or other changes at the new employer.   With your old job now lost, this article discusses use of the legal doctrine of promissory estoppel as a remedy for the now out-of-work executive.

The article also indicates potential use of this promissory estoppel remedy in other cases where an employer does not honor other oral promises to the executive, on which he or she relied, including in these circumstances:

• Employer promised full executive employment contract and equity documents and termination occurs before those documents are delivered and signed,

• Executive’s acceptance of a job offer on the condition that he or she can attend a life cycle event and termination after you attend that event,

• Executive gives up a lucrative position to join the new company on the promise of important responsibilities and leadership, with termination before that promise is ever kept,

• Executives gives up other job offers to leave the employer on promise of new executive employment terms that are never fulfilled.

The article concludes on a cautionary note that while some major verdicts and settlements have been obtained by C-level executives using promissory estoppel against employers who failed to honor their promises, the doctrine is not universally upheld in the courts of all states. So, it is best to get your executive contract clear and in writing, but when you have not done that, consult with an experienced executive employment attorney and promissory estoppel may still give you a remedy.

To see my full CEOWorld magazine. article, go to LINK:

https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/

Or on my website at https://www.executiveemploymentattorney.com/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/

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.

https://www.linkedin.com/company/ceomagazine/

The editor has also advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  See https://ceoworld.biz/author/robert-adelson/

Tweeting My new CEOWorld article on “Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy”

If you tweet and would like to Tweet my article, here is my three (3) tweets to retweet or to use in your own tweet –

Robert Adelson@attorneyadelson

4/28/20 article @ceoworld by @attorneyadelson for #CEOs #COOs #CLevel & #seniorexecutives on using #PromissoryEstoppel as a #legalremedy if you quit your position #inreliance on a New #joboffer & #NewEmployer #withdraws offer due to #COVID19 https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap … via @ceoworld

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” might give you a...

As a successful C-level or other senior executive, you may be lured by executive recruiters or otherwise by other companies seeking your talent, contacts and experience.  Suppose one of those...

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8:23 PM - Apr 28, 2020

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Robert Adelson@attorneyadelson

4/28/20 article @ceoworld by @attorneyadelson for #CEOs #COOs #CLevel and #seniorexecutives on using #PromissoryEstoppel as a #legalremedy if a #NewEmployer #Rescinds Your #JobOffer or breaks promises you #reliedupon to take the new position https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap … via @ceoworld

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” might give you a...

As a successful C-level or other senior executive, you may be lured by executive recruiters or otherwise by other companies seeking your talent, contacts and experience.  Suppose one of those...

ceoworld.biz

1

8:10 PM - Apr 28, 2020

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Robert Adelson@attorneyadelson

4/28/20 article @ceoworld by @attorneyadelson for #CEOs #COOs #CLevel and #seniorexecutives on - "Has a #NewEmployer #Rescinded Your #Executive #JobOffer due to #COVID19 or other reasons? How #PromissoryEstoppel might give you a #legalremedy https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap … via @ceoworld

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” might give you a...

As a successful C-level or other senior executive, you may be lured by executive recruiters or otherwise by other companies seeking your talent, contacts and experience.  Suppose one of those...

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8:01 PM - Apr 28, 2020

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It is my hope that this article will be helpful to suggest a potential remedy to CEOs, COOs, CMOs, other C-Level and senior executives who have been enticed to take a new executive position or to give up other opportunities, and, after acting in reliance on the promises made by the employer, find that the executive job offer is rescinded or withdrawn or the employer in some other way breaks an important promise made to you, on which you relied.   If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.