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Managers, Executives and Executive Teams in Transition

Charlotte Managers, Executives and Executive Teams in Transition

When high level managers and executives have disputes with their employers, it often raises a number of issues that can be absent from the typical employment dispute. For example, high level employees are more likely to be subject to employment agreements, and non-competition, non-solicitation, and confidentiality clauses. Executives and managers often have bonuses, commissions, stock options, restricted stock, and deferred compensation to protect. Executives and managers can be highly compensated employees and there may be large amounts of money at stake in a dispute. They are also more likely to have had access to confidential information of their employer, such as business plans, competitor research, customer lists, and other trade secrets.  For all of these reasons, disputes can often turn contentious when executives and managers leave or are terminated.

In addition, when an entire team of executives is trying to leave together, this can be seen by the employer as a major threat to its operations or even a catastrophic event. In these cases, employers sometimes take aggressive action, such as denying owed compensation, interfering with the exercise of options, or threatening the executive team’s new employer. If the executive team is leaving to form a start up, former employers will often try to use their superior resources to destroy the new venture before it can get off the ground.

If you’re an executive or manager who has been terminated for unlawful reasons or is seeking to leave a company, we can help. We can negotiate favorable departure terms, push back against restrictive covenants, make sure that you receive any owed compensation, and work with your new employer to ensure a smooth transition. We have experience representing clients in disputes involving high level executives, including CEO’s, CFO’s, COO’s, VP’s, and top sales people in both public and private companies. We have drafted and negotiated employment and severance agreements for transitioning executive teams worth tens of millions of dollars. And, if litigation becomes necessary, we will fiercely advocate for you. If you are an executive or manager who has been terminated, is transitioning to another company, or needs advice on any type of employment agreement, we encourage you to contact us.