Legal Assistance Specific to the Unique Challenges Executives Face in the Workplace Business executive employees find themselves in a unique position in the spectrum of the American employees. Presidents, CEOs, CFOs, COOs and other members of executive leadership teams are compensated at a level far above other employees, but the nature of their jobs demands a tremendous number of work hours, and unusual levels of stress in exchange for that compensation. Night and weekend hours, along with 24/7 availability, are just part of the bargain. And unfortunately, without proper foresight and preparation, including legal advice or representation, executive employees can find themselves subject to dismissal at the whim of their employer with no legal recourse. Even worse, such leaders may be subject to restrictive non-compete agreements after termination, and find themselves without a job, yet unable to apply their skills and experience in the labor market. Hawks Quindel’s employment litigation team has decades of experience in advising and representing executive and other high wage earners. Our experience includes:
Pre-Employment Contract Negotiations
We help executive employees negotiate favorable contract language and provisions in critical pre-employment contract areas including:- Salary, bonuses and benefits
- “Cause” provisions providing reasonable severance pay upon termination of employment
- Reasonable scope in non-compete or non-solicitations provisions
Legal Advice During Employment
Executive employees and high-level managers often face unique situations, which may arise when:- Discharge from employment or other discipline appears imminent
- An employer attempts to impose new terms during employment with little or no consideration given to the employee
- An employee is considering leaving employment and wants to anticipate disputes arising upon departure
Post-Employment Legal Issues
Many executive and high-level managers need advice or representation after departure because former employers:- Threaten suit, including claims based on alleged violations of non-compete or non-solicitation agreements
- Fail to fulfill their promises under employment agreements
- Disparage the departed employee to former clients or prospective employers
Our Experience Is Invaluable
Few executives have extensive experience dealing with the situations described above. Because we have helped many executives negotiate these complex waters, we are in a strong position to inform you on the strengths and risks of your position under the law, and what strategic options you might consider.Real Life Scenarios Involving Executive Clients
A sampling of Hawks Quindel’s recent advice to and representation of executive employees includes:- We successfully negotiated severance agreements on behalf of multiple members of an executive leadership team who were fired when the newly-hired CEO decided to “clean house” at an international manufacturing and distribution corporation.
- We represented an executive vice-president in a pre-employment contract negotiations agreement, resulting in a removal of provision that would have allowed the employer sole discretion to decide what constituted “cause” for termination, replacing it with one that required any claim of “cause” to be decided by a court or jury.
- We represented a former project manager at a national architectural firm who accepted employment in a different role (at a healthcare facility) and who was then accused of breaching a non-solicitation agreement with his former employer. Hawks Quindel’s involvement helped the employee avoid the imminent threatened lawsuit, and led to the former employer’s agreement to submit the parties’ dispute to mediation with a neutral third party.