On Friday May 27, 2022, the executive career advancement website IvyExec published an article I wrote on “Executive Termination: If You’ve Been Fired or Face That, Do You Have a Claim for Wrongful Termination?”
This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives. My article makes the point that most executive employment in the USA is “at will” employment. That means you can be fired at any time for any reason or no reason. However, you cannot be fired for the wrong reason. If you are fired for the wrong reason, despite being an at-will employee, you may have a claim for wrongful termination. What is wrongful termination? My article mentions a number of things an employer can do that could give rise to a wrongful termination claim, including these:
In addition, you might potentially obtain damages if you quit employment over a hostile work environment or if conditions which have been made so difficult that you can claim constructive discharge. After the discussion of potential claims, my article in its second part offers suggestions to you on what you might potentially seek in wrongful termination case or in settlement or severance negotiations with your employer To see my full IvyExec article, go to LINK: https://www.ivyexec.com/career-advice/2022/executive-termination-youve-been-fire-do-you-have-a-claim-for-wrongful-termination/ Or on my website at https://www.executiveemploymentattorney.com/executive-termination-if-youve-been-fired-or-face-that-do-you-have-a-claim-for-wrongful-termination/ IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/ IvyExec claims a “Community of 2.5M+ Leaders”. It is my hope that this article will be of benefit to C-level and senior executives who have been fired or may face employment termination in situations where you might have a claim for severance based on various potential claims for wrongful termination if you have been fired or constructive discharge if you feel forced to resign… Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me.
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On January 26, 2022, the career advice website Ivy Exec published under executive “Leadership” an article I wrote on “Are You Getting the C-Suite Executive Salary You Deserve?
This new article is designed for designed for CEOs, C-level and senior executives, who are negotiating new job offers where, in my view, the normal metrics a Gartner or Mercer surveys are just not appropriate for the CEO or C-level executive compensation package, and I am called upon to suggest, design and then lead the negotiations for a custom executive compensation package. My article first suggests three situations well suited to justify development and deployment of a custom executive compensation package:
My article then moves on to discuss that the custom package must not only make up for your loss of pay and benefits to leave your current employer, but even more so, to make up for three further critical intangibles as well, and hence – what should be included on your custom executive compensation package? And how much equity compensation should you ask for? The article then concludes with my suggestions for how the executive can achieve company “Buy-in” – how do you sell the custom CEO or C-level executive compensation package to a skeptical employer? This last part shares there of my best “sales” techniques:
To see my full IvyExec article, go to LINK: https://www.ivyexec.com/career-advice/2021/executive-equity-structure/ Or on my website at https://www.executiveemploymentattorney.com/are-you-getting-the-c-suite-executive-salary-you-deserve/ IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/ IvyExec claims a “Community of 2.5M+ Leaders”. It is my hope that this article will be of benefit to C-level and senior executives who are considering job offers in situations where a custom executive compensation package of salary, bonus, and equity is appropriate. Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me. Two and a half weeks ago, on Thursday December 16, 2021, the website Ivy Exec published under executive “Advancing” an article I wrote on “A Change of Control Agreement Saves the Day When Your Company Is in Play”. This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives, whose companies are now “in play” — that there may be a sale of the company with new owners and to some extent a whole new successor employer. My article first discusses this situation faced by the executives, then advocates self-assessment of your role and importance in the pre-deal and post deal environment, and finally the importance of establishing your role and rights in a retention / change of control agreement. Among the key elements of that agreement are the following:
To see my full IvyExec Career Advice website article, go to LINK https://www.ivyexec.com/career-advice/2021/a-change-of-control-agreement-saves-the-day-when-your-company-is-in-play/ Or on my website at https://www.executiveemploymentattorney.com/a-change-of-control-agreement-saves-the-day-when-your-company-is-in-play/ IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/ It is my hope that this article will be of benefit to VPs, directors and senior executives who have are trying to navigate a change in control in their companies. My article suggests terms and approaches to each of you and thus I hope will provide you a benefit in your negotiations. Feel free to tweet or share this article. If you or any colleague of yours needs assistance in negotiating a change of control situation, please do reach out to me. On September 30, 2021, the website Ivy Exec published under executive “Advancing” an article I wrote on “CMO Employment Contract Tips to Protect You and Your Job”. This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives, who currently are considering offers for the Chief Marketing Officer position but expect to soon receive such an executive job offer or who aspire to such an offer in the future. As Chief Marketing Officer the executive may be expected to oversee all areas of a company’s overall promotion, branding, digital presence, advertising and sales strategy, as well as coordinating marketing efforts with the company’s product development, financial position and goals. My article mentions how responsibilities and authority of the CMO can vary by organization but often include most or all of these duties:
My article also discusses delineation of your duties, responsibilities, authority and reporting and including in your offer letter or employment contract key executive employment terms on which you rely to take the job.
Finally, but also importantly, my article next discusses what to seek in getting the right CMO Compensation Package, and concludes with a discussion of severance rights to enable you to protect the terms of your bargain reached with the company. To see my full IvyExec Career Advice website article, go to LINK: https://www.ivyexec.com/career-advice/2021/cmo-employment-contract-tips Or on my website at https://www.executiveemploymentattorney.com/cmo-employment-contract-tips-to-protect-you-and-your-job/ IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/ It is my hope that this article will be of benefit to VPs, directors and senior executives who have the opportunity to negotiate their first job offer to be Chief Marketing Officer or for those who are already CMOs and seek more appropriate terms in their next job offer. My article suggests terms and approaches to each of you and thus I hope will provide you a benefit in your negotiations. Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com. Duty of “Good Faith and Fair Dealing” Ensures Your Executive Compensation is not Taken Away from You10/13/2021 On September 2, 2021, CEOWorld magazine published an article I wrote on “Duty of “Good Faith and Fair Dealing” Ensures Your Executive Compensation is not Taken Away from You”. This new article is designed for CEOs, C-level and senior executives, who at some point face employment termination for no good reason when you are close to making a big score for what you have achieved for the company. My article discusses an important duty or implied covenant in the law that provides that even if you are an employee “at will”, with no contractual rights, you might still have a valid enforceable claim against your employer to be made whole — to be paid what you are due. The article discusses landmark state Supreme Court cases from three different states around the USA where plaintiffs have been made whole because of the defendant’s breach of the duty of “Good Faith and Fair Dealing”. In doing so, courts consider where the plaintiff suffered harm because he or she was prevented from receiving the benefits of their agreement, including these bad faith actions by a defendant:
To see my full CEOWorld magazine. article, go to LINK: https://ceoworld.biz/2021/09/02/duty-of-good-faith-and-fair-dealing-ensures-your-executive-compensation-is-not-taken-away-from-you/ Or: https://www.executiveemploymentattorney.com/duty-of-good-faith-and-fair-dealing-ensures-your-executive-compensation-is-not-taken-away-from-you/ This was my 35th article published in CEOWORLD since 2016. Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field. On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles. You can peruse this library and/or read as many of my 34 published articles as you wish. See https://ceoworld.biz/author/robert-adelson/ 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 of benefit to CEOs, C-level and senior executives who, at some point in your career, might be at the point of receiving a major benefit in executive compensation, equity vesting or payout, only to be deprived or threatened with loss of that benefit earned, by employment termination without cause or reason or other arbitrary act by the employer. The goal of this article is to let you know that if that happens to you or a colleague of yours, there may be a basis to seek redress for your loss or potential loss. Feel free to share this article. If you or any colleague of yours has a need in this area, please do reach out to me. |
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