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Costanzo Law Firm, APC Costanzo Law Firm APC
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Santa Clara Executive Compensation Lawyer

Executive employees in California often have more bargaining power than do many other workers in the state. These highly valued professionals may be able to negotiate favorable contract terms that help establish certain aspects of their relationship with the company. In many cases, executive contracts will detail the terms under which an employee may face termination. The employer will have to comply with those terms or risk breaching the contract. It is important to remember when drafting a contract with your employer that the terms must comply with the Securities and Exchange Commission. Executive employees are subject to certain regulations when it comes to transparency and their forms of compensation. When entering contract negotiations with an employer, it is important to have a legal advocate on your side. At the Costanzo Law Firm, our dedicated attorneys work on behalf of the hardworking individuals in California. To learn more about how we can help you, call us at 408-993-8493 to schedule a consultation with a Santa Clara executive compensation lawyer.

Santa Clara, California, Executive Contract Negotiations

Employment contracts include many provisions that will impact the employer and the employee. As an employee entering into one of these agreements, you will want to ensure that the terms of the contract work in your favor and protect your interests. In most cases, you will want a provision providing narrow circumstances under which your employer may terminate your employment. In this way, employees who have contracts with their employers differ from traditional “at-will” employees. “For cause” provisions will state the reasons under which your employer will be able to terminate your relationship with the company. It is important to have an attorney review the contract, as some of the terms may not be in your best interest. For instance, employers often include provisions requiring arbitration of an employment dispute. In many cases, the forum for the arbitration will be a location that is inconvenient for the employee or is biased in favor of employers, and such terms can discourage the employee from bringing claims against the employer. Before signing such an agreement, speak to an attorney who can review the contract and explain each provision to you.

Non-compete Provisions in Santa Clara, California

While California generally frowns upon and will not uphold non-compete agreements, employers still sometimes request that employees sign such documents. A non-compete agreement is traditionally used by employers who wish to prevent their workers from taking positions with their competitors. The employee will often also be prohibited from opening a business that competes with their employer. These contracts can be extremely burdensome for employees and seriously damage their ability to pursue different career options. If you are asked to sign a non-compete agreement, contact an attorney to discuss the implications of that provision.

Negotiating Severance Packages in Santa Clara

A severance agreement becomes effective when an employee is separating from a company. Employers often ask their employees to sign severance agreements as a way to protect the company from future claims. When signing, you will likely be forfeiting your ability to file certain claims or legal actions against your employer. You should receive benefits or compensation in exchange for your agreement not to pursue certain claims. It might be in your best interest to enter a severance agreement, but you should always ensure that you understand everything to which you are agreeing. Contact a Santa Clara employment law attorney today to learn more about severance packages.

Whistleblowing Claims and Retaliation in Santa Clara Workplaces

In California, an employee who serves as a whistleblower is protected by certain legal provisions. When a business engages in illegal conduct, the most likely people to witness such violations will be employees of that company. Of course, employees often fear that reporting their employer will result in serious consequences. The law recognizes the fact that employees will be hesitant to report violations on the part of their employer if they are fearful that they will lose their job or face other retaliation as a result. It is illegal for your employer to retaliate against you if you are a whistleblower. It is also illegal to retaliate against a person who reports a suspected violation but turns out to be incorrect. In this way, the law prevents employees from being afraid to report a suspected violation. If you believe your employer retaliated against you for reporting a violation of California or federal law, contact a Santa Clara, California, employment law attorney to discuss your legal options.

Executives, Call the Costanzo Law Firm in Santa Clara Today

At the Costanzo Law Firm, our attorneys are dedicated to protecting the rights of California’s hardworking business executives. We understand how important it is for higher-level employees to have an advocate on their side when they are engaging in sophisticated contract negotiations with their employers. Call us today at 408-993-8493 to learn more about how we can help you.

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