Navigating Executive Transitions Exclusive Interview Legal Insights for Senior Leaders 32 LAWYER MONTHLY NOVEMBER 2024 increased in amount and type by the prospect of the executive’s offering a quiet, professional exit with releases? Has there been a failure to pay full and complete salary, bonuses, and commissions? Are there waiting-time penalties owing for failure to pay the departing executive every penny owed on the day of departure (including accrued and unused vacation)? The documentation of the separation must comport with all federal and California restrictions. Releases should not be unilateral, just from the executive to the employer. If possible, they should be made mutual between the parties. The departing professional must be protected from future disparagement. How do you help executives negotiate severance packages, and what are the key factors that should be included in a comprehensive severance agreement? ELG attorneys help clients in one of two ways. Either we get in front of the How do executives find Executive Law Group? The typical referral is from a management-side employment lawyer. She is conflicted from assisting her executive friend, or she has no experience in handling executive matters. Executives also find us on our website, www.execlaw.com. Many of our clients are repeats: we help executives exit from one employment and then assist them in moving into the next. What are the most common legal challenges that senior executives face when they are involuntarily terminated from their positions in California? Obtaining, understanding, and augmenting a severance package is the greatest challenge. Success hinges on the executive’s leverage. Is the executive a victim of unlawful harassment, discrimination, or retaliation, or is the executive a whistleblower? Does the contract under which the executive was employed guarantee certain separation payments, and can those benefits be As senior executives navigate the complexities of employment transitions, understanding their legal rights and options is crucial. From negotiating severance packages to handling noncompete agreements, the landscape can be daunting. In this article, Executive Law Group shares essential insights on the most common legal challenges faced by executives, along with strategies for ensuring a smooth transition into new opportunities.
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