Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy
Six days ago, on April 28, 2020, CEOWorld magazine published an article I wrote on “Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy”. The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website.
This was my 27th article published in CEOWORLD. Earlier this year, the editor advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field. See https://ceoworld.biz/author/robert-adelson/
This article, my most recent, published April 28th , is designed for CEOs, C-level and senior executives, especially those who receive a job offer, then give notice to their current employer and later see the new offer rescinded or withdrawn due to the economic downturn or turmoil arising from the COVID-19 /coronavirus pandemic or other changes at the new employer. With your old job now lost, this article discusses use of the legal doctrine of promissory estoppel as a remedy for the now out-of-work executive.
The article also indicates potential use of this promissory estoppel remedy in other cases where an employer does not honor other oral promises to the executive, on which he or she relied, including in these circumstances:
The article concludes on a cautionary note that while some major verdicts and settlements have been obtained by C-level executives using promissory estoppel against employers who failed to honor their promises, the doctrine is not universally upheld in the courts of all states. So, it is best to get your executive contract clear and in writing, but when you have not done that, consult with an experienced executive employment attorney and promissory estoppel may still give you a remedy.
To see my full CEOWorld magazine. article, go to LINK:
Or on my website at https://www.executiveemploymentattorney.com/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/
With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.
The editor has also advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field. See https://ceoworld.biz/author/robert-adelson/
It is my hope that this article will be helpful to suggest a potential remedy to CEOs, COOs, CMOs, other C-Level and senior executives who have been enticed to take a new executive position or to give up other opportunities, and, after acting in reliance on the promises made by the employer, find that the executive job offer is rescinded or withdrawn or the employer in some other way breaks an important promise made to you, on which you relied. If you or any colleague of yours has a need in this area, please do reach out to me at firstname.lastname@example.org.
Restricted stock can be offered in lieu of cash to deliver immediate value with a strike price
Restricted stock can be offered in lieu of cash to deliver immediate value with a strike price much less than current fair market value. For senior recruits, technical or executive, you want to offer more to beat the competition – restricted stock does this. Robert Adelson, an executive compensation attorney, negotiates executive compensation; in one representative case, he worked with executive Steve Miles* to set up a vesting schedule to later grant him compensation in the form of stock.
By using its stock, the company avoided cash cost, and stock offers key advantages that make equity more valuable to employees than cash. Some of these benefits are:
In addition, restricted stockholders usually provide voting rights. As a result of the benefits of restricted stock, the use of this form of employee compensation has become very popular. Since the issue of founders' shares is deductible, the company can save money that would have gone to taxes by using stock for pay. The tax windfall can also be used creatively to enhance efforts to recruit or retain key people. This is done by sharing the company's tax windfall with employees. As an executive employment attorney, Robert Adelson works with C-level executives everyday and sees that when growth is the priority, cash savings are important, and building the team is critical – stock options provide lucrative advantages for both the company and the executive.
When working with executive Steve Miles, Robert Adelson negotiated his employment compensation and set up a several year vesting plan with attainable restrictions. This allowed the company to avoid cash cost and gave Mr. Miles compensation to work and look forward to down the road. Attorney Adelson also worked with the Company to grant Mr. Miles voting rights, like any other shareholder would have. A main advantage with restricted stocks is that they differ from other stock options and still retain some value if the price were to go down.
Attorney Robert Adelson frequently represents employees and executives negotiating their executive contract terms, stock, options, relocation, non-competes, termination and separation agreements. He also represents startup and smaller companies in software, medical device and other technology-based fields, independent consultants with compensation and stockholder arrangements, incorporation and liability protection, intellectual property protection, and in vendor, client and subcontractor contracting arrangements. Executive Steve Miles was a key employee and through the negotiation of his executive employment agreement; Attorney Adelson was able to grant him a lucrative and flexible form of executive compensation.
*All dates, client’s names and companies have been altered to keep confidentiality.
Adelson & Associates, LLC: New law firm and address, but Continuity in my Growing Law Practice for 2020 and Beyond
We begin this new year 2020 with a new law firm and a new downtown Boston address, but, at the same time, with full continuity for my growing law practice, which saw its best year in 2019.
Here is more information on the new firm:
Robert A. Adelson is now the Principal of Adelson & Associates, LLC. For fifteen (15) years, from October 2004 through December 2019, Robert Adelson practiced law as a partner of Engel & Schultz, LLP, and at the same time referred legal work to his associates, that is to trusted and experienced colleagues of Mr. Adelson’s including several of his former law partners. However, in December 2019, the lead partners of the Engel & Schultz LLP law firm announced they would go into semi-retirement, go their separate ways, and the office lease would expire in January 2020. In response, Robert Adelson formed Adelson & Associates, LLC in December 2019 and commenced the new law firm’s operations on January 1, 2020, with the new law firm, Adelson & Associates, LLC, from that date and going forward, taking over all current Robert Adelson clients and matters, as well as all referral of legal work to associates of Robert Adelson.
Commencing tomorrow, 1/15/2020, the address for the new law firm Adelson & Associates, LLC will be 101 Federal Street, Suite 1900, Boston, MA 02110 (another premier Class A office building across the street from our prior building, One Federal Street, with our new offices, this time, on the 19th floor rather than the 21st floor).
The office phone number (617-951-9980 ext 205) and fax number (617-951-0048) are, for the present, those of Engel & Schultz LLP. However, by the end of January 2020, it is expected the new office phone and fax for Adelson & Associates, LLC will be in place. If any question arises in this period, when trying to reach Robert Adelson by phone, please use the direct Mobile phone number which remains unchanged and will continue in full use now and going forward (617-875-8665).
The email for Robert Adelson ( email@example.com ) is, for the present, his Engel & Schultz LLP email. The new domain for Adelson & Associates, LLC has been established, and Robert Adelson’s new email is firstname.lastname@example.org. However, the seamless migration of email@example.com to firstname.lastname@example.org has not yet been completed. By the end of January 2020, it is expected that the email migration will be completed. So, until you are advised that the email migration has been completed or you begin to receive email from the new email address, please continue to use email@example.com for all email communications to Robert Adelson.
Our website remains essentially unchanged, with the same internet address – www.executiveemploymentattorney.com. In marketing, our new shingle and brand will give greater emphasis to my website and marketing emphasis: “Adelson & Associates, LLC – Executive Employment Attorney.” The webpage, established for me at CEOWorld magazine, too will remain largely unchanged. The web address remains –http://ceoworld.biz/author/robert-adelson/ . At that address, you will have a link to over twenty-five (25) articles Robert Adelson has written over the last few years and published in CEOWorld magazine. These are articles on executive job offers, restricted stock and stock options, RSUs, executive bonus structures, change of control, executive retention agreements, wrongful termination and constructive termination and many other subjects of interest to CEOs, CFOs, CSOs, CTOs, COOs, VPs and other senior executives in industries ranging from financial institutions, retailers and manufacturers to software, medical devices and biotechnology companies. From his contributions, Robert Adelson has been recognized by the magazine as an opinion columnist and authority in this field for the CEOWORLD Magazine.
At the same time, Robert Adelson continues to represent a number of small companies, company founders, entrepreneurs and independent consultants. That will not change. Robert Adelson will continue those representations and accept new clients in those areas who seek me out. However, the Adelson & Associates, LLC marketing emphasis and the majority of its law practice growth is expected to occur in the representation of CEOs, C-level and senior executive in executive employment, executive equity compensation, retention and separation situations.
It has been our pleasure to serve you over the past 15 years under the firm name Engel & Schultz LLP, and we very much look forward to continuing to serve you under our new shingle, Adelson & Associates, LLC.
If you have a question or comment on my new law firm, please don’t hesitate to call or email Robert Adelson. Also, if business or pleasure finds you in the Post Office Square area of Boston’s downtown Financial District, and you would like to check out our new offices, please give a call or shoot us an email, and, as Ernie Boch Jr would say, “Come on down!”
ROBERT A. ADELSON, ESQ.
Adelson & Associates, LLC / Executive Employment Attorney
101 Federal Street, 19th Floor
Boston, MA 02110
Office: (617) 951-9980 EXT. 205
Mobile : (617) 875-8665
FAX: (617) 951-0048
Webpage : www.executiveemploymentattorney.com
Executive employment agreements and equity arrangements are the “golden keys” that unlock “golden handcuffs”. Signing bonuses serve as the key to open the door to hiring. Vesting options, bonuses and other “golden handcuff” benefits make executives more reluctant to leave their current position for a new one. However, signing bonuses are often used as a tool of persuasion – urging an executive to sign with a new company. Signing bonuses are crucial when accompanying a job offer that has a lower salary than an executive wants.
CEO, Maria Leone* sought out the counsel of Attorney Robert Adelson who helped her negotiate an increased signing bonus with a new firm that expressed interest in hiring her. Maria Leone was currently working as a CEO at a NY ad agency where she made a comfortable salary with foreseeable bonuses and vesting options, however when a young, rising agency (we will call Marketing X*) expressed interest with a higher salary Maria grew interested. Since the Marketing X was still young, and the salary the company was offering was not substantially higher Maria wanted to explore her options and negotiate her executive contract terms.
Attorney Adelson negotiated the executive’s employment agreement as well as her equity arrangements, convincing Marketing X to set up a package with stock and options to reward Maria’s loyalty later down the road. Attorney Adelson also negotiated a substantial increase in the signing bonus and an increased salary as well. The signing bonuses and equity arrangements that Marketing X arranged from Maria Leone helped make her particular transition between companies smooth and lucrative, making Maria whole for what she lost when leaving her current position.
Robert Adelson was successful with this representative case because he applied his over 30 years experience, care and time to help Maria Leone achieve a more desirable position. As a Boston executive employment attorney, with clients across the country, Attorney Adelson has helped many executives negotiate signing bonuses and employment agreements. This representative case highlights the success that Attorney Adelson’s executive compensation negotiations led to for CEO Maria Leone.
*All dates, client’s names and companies have been altered to keep confidentiality.
Essential Employment Contract Terms for Medical Device and Biotechnology Executives
On December 29, 2018, CEOWorld magazine published an article I wrote on “Essential Employment Contract Terms for Medical Device and Biotechnology Executives” The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website.
This article was designed for CEOs and other C-Suite, VPs or other senior executives in Medical Device, Biotechnology and other life science companies who, when negotiating a new job offer or employment contract or terms of executive compensation, need to give attention to essential employment terms in these fast growing and changing industries.
My article indicates how in these negotiations, the executive should seek key executive employment terms in the following important areas:
The article also discusses executive severance terms and triggers for your protection in case changes necessitate you to change companies in the future.
To see my full CEOWorld magazine. article, go to
Or on my website
With more than 12.4+ million page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.
It is my hope that this article will be helpful to CEOs and other senior executives in the medical device, biotechnology or other life science industries who are negotiating new executive job offers, employment contracts or executive compensation packages and should pay attention to the essential contract terms discussed in my article. If you or any colleague of yours has a need in this area, please do reach out to me at firstname.lastname@example.org.