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Executive Employee Representation

Executive Employee Representation
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.

Executive Employee Representation

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.

workplace retaliation

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.

workplace retaliation

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.

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