Executive Contract Checklist

Attorney Michelle DelMar

Focusing on Business, the Whole Business and

Nothing but the Business.

Trademark Attorney, Contract Attorney, Corporation Attorney

Michelle DelMar, Esq., Trademark Attorney, Contract Attorney, Corporation Attorney

Michelle DelMar, Esq.
Small Business Lawyer, Trademark Attorney and Executive Contract Lawyer.
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Understanding Agreements

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Michelle DelMar, Esq.

Business Lawyer, Trademark Lawyer and Executive Contract Lawyer



Before entering into an Executive Employment Agreement, consider the following:

The "trust" relationship between Executive and Employer is an essential factor in the level of production and goals achieved during employment.  A win-win structure in this relationship must satisfy both the personal and professional goals of the Executive, as well as the business goals of the Employer.   A well-drafted Executive Contract plays an essential role in protecting the relationship between Executive and Employer and provides a solid foundation from which the relationship and company can thrive.

Consider addressing the following important issues in your Executive Contract:

1. Include the Term of employment;or if at-will, clearly state that employment is "At-Will."

2. Set forth the title and describe the position, including, the person or office to whom the Executive will report.

3. Address each party's, expectations of commitment and include, if applicable, exceptions for winding-up of affairs of previous engagement, relocation, etc.

4. Clearly address benefits offered and include, in the writing, any benefits that concern relocation reimbursement, commuting reimbursement, etc.

5. Address issues concerning any promises by Employer, related to gross-up for tax imputed to Executive's income, arising out of benefits received.

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6. Address limitations or agreements pertaining to Executive's activities outside of the scope of employment, for example, other directorships, volunteer work, speaking engagements, authorships, etc.

7. Compensation and bonuses should be clearly set forth.

8. If any compensation, benefits or bonuses are dependent, or contingent, upon certain goals being met, all related information should be provided to Executive prior to signing and such contingencies should be clearly described in the Executive Contract.

8. Contingencies and timing of vesting of benefits should be clearly set forth.

9. Severance and other termination provisions should be address in the same or separate written document.  If severance or termination provisions are set forth in a separate writing, that writing should be reviewed prior to the signing of the Executive Contract and signed simultaneously.

10. An assignment of developments for Executives should very clearly distinguish between developments that are Employers property and developments outside of the scope of Executive's employment.

11.  Post-employment obligations, including non-compete, no circumvention, no solicitation provisions, should be specific.

12. Employers should consider the importance of having employees promise, in writing, to keep confidential all proprietary and confidential information, in the interest of maintaining trade secrets and other business interests.

For more information about Executive Agreements, click here.

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