Executive Employee Representation
There are many reasons why an executive employee might seek legal counsel. From executive employment contracts with detailed stock options, to severance packages with non-compete clauses, corporate executives face a variety of complex and unique challenges that require expertise. The employment lawyers at Avloni Law have extensive experience negotiating – and helping clients negotiate – such agreements, as well as entering into arbitration and litigation when appropriate. If you are an executive employee seeking legal advice, reach out to the Avloni Law Firm for a consultation.
Employees, whether hourly workers or CEOs are protected by federal and state employment law. As such, corporate executives are protected from unlawful discrimination, harassment, and retaliation at work, and are legally entitled to be fairly compensated under state and federal wage and hour law. However, corporate executives are more likely than other employees to bump into certain employment disputes due to the high power and high compensation associated with their role. Below we outline some common employment law matters that specifically impact executive and senior executive employees.
Employment Contracts
Executive employment agreements lay out the terms of the role, including the terms of the executive compensation package, bonuses and commissions, the duration of employment, employee schedule and responsibilities, sick time, performance expectations, and just causes for termination, among other things. Executive employment contracts may also include stock options and restrictive covenant agreements such as trade secret and non-competition clauses.
If you are considering an executive employment contract, it may be helpful to have it reviewed by an employment lawyer before entering into the agreement. Along with determining whether or not the terms of the agreement are legal, an employment attorney can help to negotiate a favorable agreement. In the case that you have already entered into an executive employment contract but believe there may be a breach of contract, an employment law attorney will be able to help negotiate for a favorable outcome.
Whistleblower Retaliation
A whistleblower is an employee that discloses information that he or she reasonably believes violates state or federal law; or local, state or federal rule or regulation; or involves employee safety or health. Under the California Labor Code, the California Fair Employment and Housing Act (FEHA), as well as under federal law, an employer may not retaliate against an employee who is a whistleblower, or against an employee that refuses to participate in an activity that he or she believes would result in violation of state or federal laws.
Executive employees have a unique perspective within a company; they may be able to see inner workings, including legal violations, that other employees may miss or not have visibility into. Executives who do the right thing by reporting violations within their organization are legally protected against retaliation. If you are a whistleblower, and have faced retaliation or wrongful termination by your company, your company may have violated your rights.
Severance Agreements
A severance or separation agreement is a contract that sets the terms of an employment termination. Often, a separation agreement specifies the severance benefits the employee will receive from the employer, such as continuation of salary or medical benefits for a period of time. In most cases, the separation agreement will include a general release by the employee of potential legal claims held against the employer. Executive employee severance agreements will likely include a set of clauses such as confidentiality, non-disparagement and a waiver of certain rights. Before entering into a severance agreement, it is important to consult an attorney in order to negotiate the best outcome and avoid waiving any important legal claims.
Unpaid Wages Owed to Executives
Due to complex executive compensation schemes, executive employees may be more likely to have unpaid compensation when they depart a job. Executives may be owed wages, reimbursement for expenses, underpaid commissions, and/or unpaid vacation wages. Whether you were under a time-limited employment contract, were terminated, or resigned, you are owed all of your wages at the time that you leave your position. In the case that you are owed outstanding wages, contact an employment attorney in order to calculate and collect unpaid wages.
Reach Out to an Employment Attorney
If you are an executive employee looking for guidance or representation from an employment law firm in California, reach out to Navruz Avloni for a consultation.
Frequently Asked Questions
Executive employee representation involves legal guidance and advocacy for high-level employees regarding employment contracts, termination, benefits, and workplace rights.
Executives have protections regarding wages, benefits, severance, whistleblower protections, and non-discrimination under California employment law and the Fair Employment and Housing Act (FEHA).
Common issues include breach of contract, severance disputes, equity and stock option disputes, confidentiality provisions, restrictive covenants, and disputes regarding termination or compensation.
An executive may negotiate compensation, continued benefits, equity treatment, release terms, confidentiality provisions, non-solicitation language, and other post-employment obligations with the assistance of counsel.
Executive contracts often include tailored compensation structures, performance bonuses, equity or stock options, confidentiality agreements, and specific termination clauses.
Non-compete agreements are largely unenforceable in California except in limited cases such as sale of a business or dissolution of a partnership.
Stock options may affect compensation disputes, severance calculations, and rights to vested versus unvested options during termination.
Executive employment agreements often contain arbitration provisions requiring disputes to be resolved before a private arbitrator instead of in court, though the enforceability and scope of those provisions may be challenged in some circumstances.
Executives are protected by anti-discrimination laws, whistleblower protections, contractual rights, and California wage laws applicable to their classification and compensation structure.
Executives may pursue claims for earned wages, commissions, bonuses, equity compensation, or other unpaid compensation through negotiation, administrative claims, arbitration, or litigation.
Executives who report unlawful conduct, fraud, or safety violations may be protected from retaliation under the California Labor Code and applicable federal whistleblower laws.
Legal counsel is recommended for contract negotiation, termination disputes, severance negotiations, equity disputes, and whistleblower claims.
Executives may pursue negotiation, mediation, arbitration, or court action to enforce their contractual rights and seek damages.
Many executives are classified as exempt employees and may not be entitled to overtime pay. However, employers still must comply with California laws governing wages, earned bonuses, expense reimbursement, and contractual compensation obligations.
Termination issues can include wrongful termination claims, breach of contract, severance disputes, equity rights, and potential claims for discrimination or retaliation.
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Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.
