Executive Employment Issues
When executives or other high-level employees enter into a business agreement or separate themselves from a previous employment arrangement, there are many potential issues on the table that are different from other employer/employee concerns. Typically, each side has a strong interest in promoting its agenda, and the consequences moving forward can have a significant impact for both. Today’s fast changing workplace calls for the services of employment attorneys in San Jose to face these challenges.
When an executive is offered a contract, there are several issues to take into consideration. First and foremost, it is essential to understand each and every provision of the contract.
Specific attention, however, should be focused on these criteria:
- Does the contract meet all appropriate federal and state laws?
- What provisions in the contract should be of concern?
- How the prospective executive employee could seek appropriate changes or additions to enhance their position?
Planning a Departure
An executive, by the very nature of their position, is privy to information that can only be categorized as sensitive. Whether contemplating a career move to a competitor or industry partner or weighing the options of establishing their own enterprise, an executive should be mindful of many factors, including:
- The existence and terms of any non-compete, non-solicitation agreements
- The existence of any trade secrets, proprietary or confidential information
- The existence of any fiduciary or other special duties
It is important to analyze these issues in the context of federal law, state law and the terms of the employment contract.
The Severance/Separation Package
Just as when the employment relationship was entered into, the first concern is what the contract says. The executive who is on their way out needs to be assured:
- Their interests are being protected under the appropriate legal standards but also fairly
- They can move forward with their future career plans without hindrance from their former employer
- The proposed separation agreement provides the best package that can be achieved
Litigation should clearly be an executive’s last option to resolve disputes, but, in some cases, there are no other options. Executive employment issues require a sophisticated legal team with the requisite knowledge and experience to stand up to powerful California employers.
Contact Employment Lawyers in San Jose Labor for Legal Advice
Executives leaving former employers are exposed to considerable risks. To fully understand and mitigate these risks to the extent possible, call Lori Costanzo at 408-993-8493.