Executive Termination: If You’ve Been Fired or Face That, Do You Have a Claim for Wrongful Termination?

Ten days ago, on Friday May 27, 2022, the executive career advancement website IvyExec published an article I wrote on “Executive Termination: If You’ve Been Fired or Face That, Do You Have a Claim for Wrongful Termination?”

This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives. 

My article makes the point that most executive employment in the USA is “at will” employment.  That means you can be fired at any time for any reason or no reason.  However, you cannot be fired for the wrong reason.  If you are fired for the wrong reason, despite being an at-will employee, you may have a claim for wrongful termination.

What is wrongful termination?  My article mentions a number of things an employer can do that could give rise to a wrongful termination claim, including these:

• Violating terms of an employee manual

• Violating terms of an oral agreement that you relied upon to your detriment, also called a claim of “implied contract” or “promissory estoppel”

• Termination motivated by wrongful discrimination if you fit into a protected class – such as race, gender, age, national origin, sexual orientation.

• Failure to observe good faith and fair dealing

• Whistleblowing and retaliation.

In addition, you might potentially obtain damages if you quit employment over a hostile work environment or if conditions which have been made so difficult that you can claim constructive discharge.

After the discussion of potential claims, my article in its second part offers suggestions to you on what you might potentially seek in wrongful termination case or in settlement or severance negotiations with your employer

To see my full IvyExec  article, go to LINK: https://www.ivyexec.com/career-advice/2022/executive-termination-youve-been-fire-do-you-have-a-claim-for-wrongful-termination/

Or on my website at https://www.executiveemploymentattorney.com/executive-termination-if-youve-been-fired-or-face-that-do-you-have-a-claim-for-wrongful-termination/

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”.

It is my hope that this article will be of benefit to  C-level and senior executives who have been fired or may face employment termination in situations where you might have a claim for severance based on various potential claims for wrongful termination if you have been fired or constructive discharge if you feel forced to resign…  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.

Adelson & Associates, LLC: New law firm and address, but Continuity in my Growing Law Practice for 2020 and Beyond

We begin this new year 2020 with a new law firm and a new downtown Boston address, but, at the same time, with full continuity for my growing law practice, which saw its best year in 2019.

Here is more information on the new firm:

Robert A. Adelson is now the Principal of Adelson & Associates, LLC.  For fifteen (15) years, from October 2004 through December 2019, Robert Adelson practiced law as a partner of Engel & Schultz, LLP, and at the same time referred legal work to his associates, that is to trusted and experienced colleagues of Mr. Adelson’s including several of his former law partners. However, in December 2019, the lead partners of the Engel & Schultz LLP law firm announced they would go into semi-retirement, go their separate ways, and the office lease would expire in January 2020.  In response, Robert Adelson formed Adelson & Associates, LLC in December 2019 and commenced the new law firm’s operations on January 1, 2020, with the new law firm, Adelson & Associates, LLC, from that date and going forward, taking over all current Robert Adelson clients and matters, as well as all referral of legal work to associates of Robert Adelson.

Commencing tomorrow, 1/15/2020, the address for the new law firm Adelson & Associates, LLC will be 101 Federal Street, Suite 1900, Boston, MA 02110 (another premier Class A office building across the street from our prior building, One Federal Street, with our new offices, this time, on the 19th floor rather than the 21st floor).
The office phone number (617-951-9980 ext 205) and fax number (617-951-0048) are, for the present, those of Engel & Schultz LLP.  However, by the end of January 2020, it is expected the new office phone and fax for Adelson & Associates, LLC will be in place.  If any question arises in this period, when trying to reach Robert Adelson by phone, please use the direct Mobile phone number which remains unchanged and will continue in full use now and going forward  (617-875-8665).

The email for Robert Adelson ( radelson@engelschultz.com ) is, for the present, his  Engel & Schultz LLP email.  The new domain for Adelson & Associates, LLC has been established, and Robert Adelson’s new email is rob@attorneyadelson.com.  However, the seamless migration of radelson@engelshultz.com to rob@attorneyadelson.com  has not yet been completed.  By the end of January 2020, it is expected that the email migration will be completed.  So, until you are advised that the email migration has been completed or you begin to receive email from the new email address, please continue to use radelson@engelshultz.com for all email communications to Robert Adelson.

Our website remains essentially unchanged, with the same internet address – www.executiveemploymentattorney.com.  In marketing, our new shingle and brand will give greater emphasis to my website and marketing emphasis:  “Adelson & Associates, LLC – Executive Employment Attorney.”  The webpage, established for me at CEOWorld magazine, too will remain largely unchanged.  The web address remains –http://ceoworld.biz/author/robert-adelson/ .  At that address, you will have a link to over twenty-five (25) articles Robert Adelson has written over the last few years and published in CEOWorld magazine.  These are articles on executive job offers, restricted stock and stock options, RSUs, executive bonus structures, change of control, executive retention agreements, wrongful termination and constructive termination and many other subjects of interest to CEOs, CFOs, CSOs, CTOs, COOs, VPs and other senior executives in industries ranging from financial institutions, retailers and manufacturers to software, medical devices and biotechnology companies.  From his contributions, Robert Adelson has been recognized by the magazine as an opinion columnist and authority in this field for the CEOWORLD Magazine.

At the same time, Robert Adelson continues to represent a number of small companies, company founders, entrepreneurs and independent consultants.  That will not change. Robert Adelson will continue those representations and accept new clients in those areas who seek me out. However, the Adelson & Associates, LLC marketing emphasis and the majority of its law practice growth is expected to occur in the representation of CEOs, C-level and senior executive in executive employment, executive equity compensation, retention and separation situations.

It has been our pleasure to serve you over the past 15 years under the firm name Engel & Schultz LLP, and we very much look forward to continuing to serve you under our new shingle, Adelson & Associates, LLC.

If you have a question or comment on my new law firm, please don’t hesitate to call or email Robert Adelson.  Also, if business or pleasure finds you in the Post Office Square area of Boston’s downtown Financial District, and you would like to check out our new offices, please give a call or shoot us an email, and, as Ernie Boch Jr would say, “Come on down!”

Best regards,
Rob Adelson
ROBERT A. ADELSON, ESQ.
Adelson & Associates, LLC / Executive Employment Attorney
101 Federal Street, 19th Floor
Boston, MA 02110
Office: (617) 951-9980 EXT. 205
Mobile :  (617) 875-8665
FAX:  (617) 951-0048
E-mail:  radelson@engelschultz.com
Blog:  https://robadelson.wordpress.com/
Twitter:  @AttorneyAdelson
Webpage : www.executiveemploymentattorney.com
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/

Executive Equity Compensation in Severance Negotiations

A week ago, on October 30, 2019, CEOWorld magazine published an article I wrote on “Executive Equity Compensation in Severance Negotiations”.  The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website.

This was my 25th 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 October 30, is designed for CEOs, C-level and senior executives, for whom equity can often be the most valuable part of their executive compensation package.  The article addresses the question – what happens to that equity position if you face employment termination – and offers tips for severance negotiations over equity, including

• What to include in your offer letter or executive employment agreement when you join the company?
• What to seek in a change-of-control / retention situation?
• What to negotiate for on employment termination?
• The importance of equity in your severance negotiations.

In discussing equity severance negotiations at the time of employment termination, my article raises using your leverage in employment separation negotiations including

• Legal claims you may have against your company related to wrongful termination of employment,
• Termination transition services and support the company may desire from you,
• Cooperation to sign a lock-up agreement or other documents or actions post-termination.

To see my full CEOWorld magazine. article, go to LINK:
     https://ceoworld.biz/2019/10/30/executive-equity-compensation-in-severance-negotiations/

Or on my website at
     https://www.executiveemploymentattorney.com/executive-equity-compensation-in-severance-negotiations/

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/

It is my hope that this article will be helpful to CEOs, COOs, CMOs, other C-Level and senior executives to provide for appropriate terms to protect their equity rights in any present or future severance negotiations.  If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com.

Change of control agreements – A quick guide for CEOs, CFOs, and other senior executives

You are a C-suite officer or senior executive and your company is "in play" and may be acquired.  How do you protect yourself  or even advance your position in the event of a "successful" acquisition and change in control of your company?

My article on this subject was published March 1, 2016 by CEOWorld magazine.

The article first discusses this situation faced by CEOs. COOs, CTOs, CMOs and other C-Suite and senior executives, then advocates self-assessment of your role and importance in the pre-deal and post deal environment, and finally the importance of establishing your role and rights in a retention / change of control agreement.

Among the key elements of that agreement are the following:

• Significant equity of the target company to the executive,
• Liquidity for the executive on the levels of liquidity offered owners
• Properly structured equity, tax favored for capital gain taxation
• Proper severance in the event of early termination after the acquisition
• The ability to trigger severance if the executive's position or responsibilities are reduced
• Proper structuring to avoid potential excise tax for parachute payments under IRC §280G.

To see my full article, go to LINK: http://ceoworld.biz/2016/03/01/change-of-control-agreements-a-quick-guide-for-ceos-cfos-and-other-senior-executi

or my website at https://www.executiveemploymentattorney.com/change-of-control-agreements-a-quick-guide-for-ceos-cfos-and-other-senior-executives/

If you or one of your colleagues is in a change of control situation, I am glad to assist.  Please do reach out to me at radelson@engelschultz.com.

Robert A. Adelson, Esq. is a corporate and tax attorney and partner at Engel & Schultz LLP, Boston, Massachusetts. He represents C-Level executives and key employees in negotiations over executive employment terms, equity, compensation, relocation, retention and separation agreements, severance packages, and where necessary suits over wrongful termination. 

New Massachusetts Law Restricts Non-Compete Agreements

This is an article of mine published last week in the September 2018 issue of the IEEE Reflector, the online monthly newspaper, that circulates to the 10,000 members of IEEE in Massachusetts.  www.ieee.org  My article is featured on page 5 of the current September 2018 issue.

This new law signed by Governor Baker in August goes into effect October 1, 2018 and sets limits to enforceability of non-compete agreements that employers may enter into with exempt employees and contractors, provided those employees leave their positions voluntarily or are terminated for cause.  In those cases, to be enforceable, such non-compete agreements must meet the following standards:

• Not exceed one year in duration after employment termination
• Provide the employee some consideration which at a minimum is either “garden pay” or other mutually agreed upon consideration
• Be reasonable in scope of prohibited activities and geographic coverage
• Be included at the time of job offer or 10 days prior to employment whichever occurs earlier.

The new law will also not affect non-competes that are part of the sale of a business or non-competes that are part of separation agreements negotiated at the time of employment termination.   Additionally, the new law expressly excludes application to any restrictions on these other restrictive covenants whose enforcement will be continue to be governed by Massachusetts state common law:

• Non-solicitation of customers and suppliers
• Non-solicitation of employees
• Assignment of inventions
• Confidentiality/ non-disclosure agreements

To read my full Reflector article, go to this LINK:  https://issuu.com/ieeeboston/docs/septemberdr2018?e=18904825/64145987 and view it on page 5.
Or view the article on my website at https://www.executiveemploymentattorney.com/new-massachusetts-law-restricts-non-compete-agreements/

​If you have any questions on this article, or questions in dealing with a non-compete agreement for yourself or a colleague, please email me at rob@attorneyadelson.com.

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

On May 30, 2017, CEOWorld magazine published an article I wrote on  “Getting Executive Severance Compensation When You Choose to Quit” This 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.

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.

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.

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?