Your Next Executive Position

Every new position of employment you take, or consider taking, represents a transition into a new workplace relation.

 


 YOUR CONCERNS
Executive Employment
Executive Compensation
Executive Severance
Executive Negotiation
 
SPECIAL CONCERNS
SARBANES-OXLEY CLAIMS
DISCRIMINATION/HARASSMENT
FINANCIAL TRADERS & ANALYSTS
FEDERAL "WHISTLE-BLOWER" LAWSUITS


Whether that transition is within your present company, or to a new employer, the transition represents a considerable opportunity to move forward and upward, and a distinct possibility of misstep backward or downward. How well you plan your transition, and execute your plan, may determine the difference between the two. Without any doubt, planning, preparation and proactivity will make a considerable difference.

In fact, the transition is from a "known" to an "unknown." That distinction alerts you to the need to fully explore the new "unknown" relation before making the change. Some attributes of the new position are those you will need to learn: the company direction, the dynamics of the department, the personality of your superior. Those you may discover, but not change. But many attributes of the new position you can affect, and determine: your title, salary, bonus, authorities, equity potential, advancement opportunity, and others. We call them the "3 R's": Reward, Risk, Responsibility, and we discuss them below. This is where we can help: in the consideration, discussion, determination and clarification of the aspects of the job you can affect.

An employment agreement is just that: a summary of points of mutual understanding, preserved for future reference. As "good fences make good neighbors," good, thorough, yet simple employment agreements make for good employment relations. The process of employment agreement negotiation serves to (i) learn more about your new relation, (ii) garner greater career success, and (iii) preserve and advance that success over time.

And employment agreements are not just for CEO's, either. While we do negotiate CEO, CFO, COO, CIO and other "chief" agreements, many, many more AVP's, VP's, managers, professionals and executives are politely yet proactively negotiating their own "contracts" of sorts.

These "contracts" are not, and should not be, long, multi-paged documents, but simple letters, or even memos, setting forth salient points of agreed reward, risk-allocation and responsibilities. Assisting in this process is where we help, as well.


We help with:

  • identification of fair, reasonable, important points of discussion;
  • formulation of negotiation strategy;
  • clarification of points regarding the "3R's", (explained below);
  • preparation of confirmation memos, letters or detailed agreements;
  • at times, negotiation of all issues above;
  • strategic assistance in the event of stalemate.

 


We entitle our Executive Guidebook in this area "Formulation and Negotiation of Employment Agreements" because formulation of ideas, goals, and strategies is the sine qua non of successful negotiation. It is the preparation of the mind that most necessarily precedes the confrontation, or battle.


We consistently stress to our clients the "3C's" of successful employment relations, or any relations, for that matter:

  • Clarity - All parties must know the "rules," the "game," the "goal." This is why we insist on written confirmation in all instances.

  • Commitment - All parties must be committed to the relation. Rarely does anyone take important steps forward without the "partner" being committed. This is why we stress agreed, periods of years for employment agreements.

  • Community - When the group prospers or falters, the individuals should share. We stress fairly structured incentive compensation in all such matters.


Within this context, too, we analyze the particular contract points in the context of the "3R's":

  • Rewards - Salary, bonus, deferred compensation, stock options, etc.;

  • Risks - The consequences (or lack thereof) in event of loss of Reward: Severance, Guaranteed or Minimum Bonus Levels, "alternative rewards" distribution, etc.

  • Responsibilities - The clarification of "territorial limits," authorities and issues of control and power. In most organizations, issues of "control" are far more important than others, but are invariably discussed and negotiated least.


 

We are available for consultations, representation and negotiations on all these matters.

We encourage all continuing clients — our "favorite" kind — to consult with us yearly on a continual basis to strategize career reward and proactive planning.




"If you don't risk anything, you risk even more."

             Erica Jong

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"Someone to Stand Up With Me"™


Sklover & Donath, LLC
Ten Rockefeller Plaza
New York, NY 10020
Tel: (212) 757-5000
Email: Info@ExecutiveLaw.com

Copyright © 2008 Alan L. Sklover