SPECIFIC TERMS AND CONDITIONS OF THE JOB

Executive Compensation

Executive compensation is a complex area of law that encompasses a broad range of legal issues that include contract law, labor law, tax law, deferred compensation issues, stock option rules, corporate governance issues, etc.

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SIGNIFICANT COMPENSATION IS AT STAKE

Care in Negotiation and Drafting

Executive employment agreements always include salary, annual incentives, long-term incentives, benefits, perquisites and severance/change-in-control provisions. But they can also provide for a broad range of benefits, including:

  • Signing bonus

  • Annual incentive/guaranteed minimum annual incentive

  • Stock options/grants of restricted stock

  • Loan to purchase restricted stock, pay taxes; purchase home (forgiveness of loan(s))

  • Supplemental medical/life insurance/retirement plan (SERP)

  • Deferred compensation plan

  • Club memberships, company car, first-class air travel

  • Financial/tax/estate planning services

  • Tax gross-ups for taxable benefits

  • Golden parachute provisions (potential §280G impact)

  • Important termination and post-termination provisions

Because significant compensation is at stake, great care must be taken in the negotiation and drafting of executive compensation agreements. The lawyers at Pelton Graham are experienced in these matters and ready to discuss them with you.

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We’re Here to Help

If you are in the process of changing employment or negotiating a significant promotion, you should act promptly to seek advice. Pelton Graham is here to help.

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