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:

• Violating terms of an employee manual

• Violating terms of an oral agreement that you relied upon to your detriment, also called a claim of “implied contract” or “promissory estoppel”

• Termination motivated by wrongful discrimination if you fit into a protected class – such as race, gender, age, national origin, sexual orientation.

• Failure to observe good faith and fair dealing

• Whistleblowing and retaliation.

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.

Last Tuesday, on April 27, 2021, CEOWorld magazine published an article I wrote on “Don’t Let Disparagement or Defamation Blackball Your Executive Career Prospects”.

This new article is designed for CEOs, C-level and senior executives, who may face, on occasion, issues of disparagement and even defamation, in connection with employment termination. For those executives who do face this prospect at the time of employment termination, disparagement or defamation can have effects on your career and prospects, both short and long term, that can be even more far reaching than how much severance will be paid.
The article first discusses three such situations that faced C-level and senior executive clients of mine in recent representations and our successful resolution of each, as follows:

• Company’s plan to fire the executive for cause, where, on short notice, we effected a complete reversal of that situation from a negative to a positive for the C-level executive’s reputation, plus significant severance and deterrence of any future recurrence of attempted defamation;
• Company’s public announcements that made the innocent C-level executive toxic and essentially unemployable in his industry, where the public company was made to rectify the situation, including signing a document that I prepared, a corrective document to the company’s 8K filing, that the company’s securities law counsel then filed with the SEC; and
• Changes initiated to a draconian no-rehire provision in the executive’s separation agreement that met the company’s needs but removed the cloud over this senior executive with recruiters and for future employment..

The article then moves on to and concludes with a discussion of other provisions of the separation agreement and my recommendations on the handling of termination and terms for a mutual non-disparagement clause to protect not just the company (as the company’s first draft separation agreement almost always does) but the executive as well (through language we seek to add).
To see my full CEOWorld magazine. article, go to LINK: https://ceoworld.biz/2021/04/27/dont-let-disparagement-or-defamation-blackball-your-executive-career-prospects/
Or on my website at https://www.executiveemploymentattorney.com/dont-let-disparagement-or-defamation-blackball-your-executive-career-prospects/
This was my 33rd 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 33 published articles as you wish. See https://ceoworld.biz/author/robert-adelson/
It is my hope that this article will be of benefit to CEOs, C-level and senior executives who at some point in their career might face disparagement or defamation, which if not properly dealt with could seriously derail an otherwise successful and rising career. So, my hope is that this article will offer insights on these important matters. Feel free to share this article. If you or any colleague of yours has a need for a separation agreement attorney, please do reach out to me at rob@attorneyadelson.com.

​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:

• Employer promised full executive employment contract and equity documents and termination occurs before those documents are delivered and signed,

• Executive’s acceptance of a job offer on the condition that he or she can attend a life cycle event and termination after you attend that event,

• Executive gives up a lucrative position to join the new company on the promise of important responsibilities and leadership, with termination before that promise is ever kept,

• Executives gives up other job offers to leave the employer on promise of new executive employment terms that are never fulfilled.

​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:
https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/
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.
https://www.linkedin.com/company/ceomagazine/

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 rob@attorneyadelson.com.

You are the CEO or a C-suite officer or senior executive and you’ve been putting your heart and soul into the job. You’ve been meeting your deadlines, meeting your targets. You’re in line for a decent bonus or raise. Yet, instead of praise and reward, one day you are summoned to meet the Chairman or the CEO. HR is there also and you are told the Company is going to go “in a new direction” and your services are no longer needed. What do you do?

My recent article deals with this difficult subject –

• What is wrongful termination?
  
• What are your rights if this happens to you?
• Negotiating severance terms as a CEO or C-suite executive
  

This is a subject I deal with a lot in my executive legal practice with many accomplished executives who are often victims of their own success. These are often cases where office politics, cronyism or sexism has trumped merit and real achievements in the workplace. But the problem can be dealt with and often decent results achieved.

My article on this subject was published on January 18, 2017 by CEOWorld magazine. You can also see the full article on wrongful termination for executives on my website.

If you or one of your colleagues has been terminated or faces potential wrongful termination I am glad to help preserve your interests and protect your rights. Please do reach out to me at radelson@engelschultz.com or call 617-875-8665.