Even for an executive, it can be hard to know your rights when it comes to employment contracts.
Executive employment contracts can be tricky. They’re full of legalese and jargon that can be hard to understand. If you’re not familiar with the law, it’s easy to make an honest mistake.
You may feel like you don’t have a lot of leverage when negotiating an employment contract. Employers may try to take advantage of this by offering you a contract that doesn’t reflect your true value.
So, before you sign on the dotted line, it’s essential to consult with a lawyer to ensure that the contract is fair and in your best interests.
We provide counsel to executives regarding employment matters, including reviewing and negotiating executive employment contracts. Our team has years of experience in the field, and we’re here to help you negotiate a fair contract and protect your interests.
Call us to discuss an executive-level contract.
12 Common Employment Contract Pitfalls
Employment contracts have several common pitfalls that can be avoided with proper legal guidance. Here are some things you should watch out for:
- Non-compete clauses
- Confidentiality agreements
- Restrictive covenants
- Termination clauses
- Severance pay
- Bonus and commission structures
- Stock options and other equity incentives
- Garden leave clauses
- Change of control provisions
- Discretionary payments
- Waiver of legal rights
- Unreasonable compensation terms
1.
Non-compete clauses
Employers may try to include a non-compete clause in your contract, preventing you from working for a competitor after leaving the company. This can be a significant inconvenience, and it’s important to ensure that the clause is reasonable and doesn’t restrict your ability to make a living.
Our lawyer can help you negotiate a reasonable non-compete clause that doesn’t unfairly restrict your ability to find new employment.
2.
Confidentiality agreements
Confidentiality agreements can be another issue to watch out for. Employers may try to get you to sign an agreement that prevents you from disclosing confidential company information. This can be reasonable for some positions, but it’s essential to ensure that you’re not signing away your right to speak freely or report any unlawful activity.
One of our team can help you negotiate an appropriate confidentiality agreement for your position that doesn’t restrict your ability to speak out if you see something wrong.
3.
Restrictive covenants
Restrictive covenants are clauses in a contract restricting your ability to work for certain companies, in a particular area, or in specific industries after leaving your current employer. A non-compete cause is one type of restrictive covenant, but there are others like non-solicit, non-disclosure, and non-interference agreements.
A lawyer from our firm can help you understand the restrictive covenants in your contract to make sure that they are fair and don’t put too much of a burden on your future career prospects.
4.
Termination clauses
Termination clauses are important to pay attention to, as they can determine your rights if you are fired from your job. You want to ensure that the termination clause allows for a reasonable amount of notice (usually at least two weeks) and that it doesn’t require you to waive any of your statutory rights without compensation.
Our lawyer can help you understand your termination clause and ensure that you are protected if you are let go from your job.
5.
Severance pay
Employers often try to avoid paying severance pay by including a termination clause in the employment contract. This clause can require you to forfeit your severance pay if the company terminates you for any reason. It’s essential to ensure that this clause is reasonable and doesn’t unfairly deny you severance pay.
A lawyer from our firm can help you to negotiate a severance pay clause that is fair and protects your interests.
6.
Bonus and commission structures
Employers often try to arrange an executive’s bonus or commission structure as part of the employment contract negotiation process. These incentives may be based on performance goals, so it’s critical to ensure they are achievable and reasonable.
Our lawyer can assist you in negotiating a bonus or commission structure that is fair and reasonable for your position and one that travels with you after you depart ways with the company.
Call us for a no-obligation consultation about your executive contract.
7.
Stock options and other equity incentives
Similar to bonuses, employers may offer equity incentives, like stock options or restricted stock units, as part of an executive’s employment contract. You’ll want to make sure you agree with the proposed incentive, understand the vesting structure, and know whether you will be able to liquidate it if you leave the company.
A lawyer from our firm can help you negotiate a fair equity incentive that meets your needs and that you are comfortable with.
8.
Garden leave clauses
Garden leave clauses are provisions in an employment contract that require you to take time off after leaving your job. This is usually used to reduce competition by preventing you from working for a competitor during the garden leave period.
You’ll want to make sure that the garden leave clause is reasonable and doesn’t require you to take too long a break from work. Our lawyers can help you negotiate a garden leave clause appropriate for your situation.
9.
Change of control provisions
Change of control provisions are clauses in an employment contract that protect you if your employer is acquired or merged with another company. These clauses usually entitle you to receive a certain amount of money or other benefits if this happens.
You’ll want to make sure that the change of control provision is fair and that you can collect the benefits if your employer is acquired. A lawyer from our firm can help you negotiate a change of control provision that meets your needs.
10.
Discretionary payments
Employers may try to include discretionary payments in an employment contract. However, a discretionary payment is noncontractual and should be outside the bonus plan. Instead, they should be offered only in specific or unexpected situations.
11.
Waiver of legal rights
Employers may try to get you to sign a waiver of legal rights, which would prevent you from taking any legal action against the company in the future. This is something you should never agree to without speaking to a lawyer first.
12.
Unreasonable compensation terms
Your employer may try to include terms in your contract that are unreasonable, such as requiring you to forfeit vacation time or severance pay if you leave the company. It’s essential to make sure that any financial compensation you receive is fair and in line with industry standards.
If you're an executive and are negotiating your employment contract, call us for assistance.
Executive Contracts
If you are an executive looking for legal advice on your employment contract, you have come to the right place.
We are a law firm specialising in providing executives with counsel regarding their employment contracts. We can help you understand the terms of your contract and advise you on what steps to take if you need to terminate your agreement or if you are offered a new contract.
We want to make sure that you have the best chance for a successful future, and that includes getting the best possible employment contract. Let us help you protect your interests and secure the best possible outcome for your career.
Additionally, many executives are concerned about their future in the current job market. That’s where we come in – we’re here to provide expert legal counsel and help you look past the horizon and envision a fair contract with your next employer.
Our goal is to provide our clients with the best possible service and to make sure they understand their rights and obligations under their employment contracts. We want to help you feel confident about your future as an executive.