New York C-Suite, Executive Representation
As a C-suite executive, your role is extremely demanding and unavoidably stressful. While you’re handling the tough negotiations for the company and the people who work there, who is providing you with the highest level of legal representation when you need to negotiate for yourself?
At Bantle & Levy LLP, we represent high-ranking corporate and non-profit executives in negotiations over employment agreements, equity awards and separation agreements. Our team recognizes that you need an attorney on your side who is not just an expert in the field of employment law but also knows how to exert leverage in the negotiations so that you achieve the best outcome possible.
Our C-suite, executive representation includes:
- Negotiation of Employment Contracts including non-compete agreements, trade secret agreements, and severance pay
- Negotiation of Salary
- Denial of Promotion and Bonuses
- Whistleblower Claims
- Wrongful Termination
- Sexual Harassment
- Breach of Contract
- Defamation and Slander
Negotiation of Employment Contracts
You know that before signing any employment contract at a high-level position, there is a lot you need to consider from non-disclosures to non-completes as well as how limited your prospects should you decide to move on.
At Bantle & Levy, we will negotiate, draft, and review employment contracts to ensure you are paid what you are worth and able to grow in your personal and professional goals.
In New York, a non-compete is only allowed and enforceable to the extent it is necessary to protect the employer’s legitimate interests, does not impose an undue hardship on the employee, does not harm the public, and is reasonable in a time period and geographic scope.
However, these cases are more complex when the individual singing it is at a high-ranking level. Chances are you may feel limited, specifically by the agreement’s geographic constraints. Our team will review your non-compete agreement and help you devise a contract that works best for you.
Duty of Loyalty and Trade Secrets
As a C-suite executive, you are often privy to insider information. However, when you have worked in similar industries for years and have an established name, you may worry about your duty of loyalty being mistakenly breached.
To avoid being held liable for misappropriation, our team will review your executive contract of your new employer and any legal documents of previous employers to ensure you are in your legal right.
As an employee rights advocate for executive-level employees, our severance package lawyer’s primary role is to ensure your success, even if your job is lost. At Bantle & Levy, our team will negotiate your severance packages to ensure it includes adequate compensation and bonuses as well as equity arrangements, and that the non-disclosure and non-compete agreements are not overly restrictive.
Negotiation of Salary
Executive compensation is often one of the most challenging aspects of executive employment law. It’s not just your base salary that comes into play–its equity position, incentive units, determining if your prior salary and benefits can be at least matched, if not grown, and more.
In addition, you may need guidance on presenting this information to your new employer in a way that shows, “My success is your success,” as this often leads to bonuses, and more incentives and benefits down the road.
Denial of Promotion or Bonuses
When you put in the time to grow a company and help it thrive, you may feel wronged when your bonus does not meet the level you suspected it would.
At Bantle & Levy LLP, we can navigate your claim of denial of promotion or denial of bonus.
As a corporate executive, whenever you find out that the company you represent is engaging in illegal behavior, you rightfully have concerns about what it means for you. By voicing your concerns, you may face retaliation and your personal and professional success can be on the line.
However, our team utilizes the most encompassing legal protections to ensure your reputation and career are not tarnished.
Should you face retaliation, our team will also assist you in your needs to recoup lost pay, reputational harm, emotional distress, and more.
Though New York is an “at-will employment” state, as an executive employee, you will have an employment contract that creates the guidelines for your terms of termination.
Yet, despite these contracts, your employer may try to terminate you without cause, or worse, for discriminatory reasons.
Under both federal and state laws, discrimination is illegal. While we know that the gender pay gap for workers of all levels is horrific, the pay gap for women in high-level employment positions is equally troubling.
If you believe you have faced discrimination in any aspect of your employment, Bantle & Levy LLP can help.
You may be towards the top of your company, but that doesn’t mean you are protected against sexual harassment. Though state, local, and federal laws prohibit sexual harassment, we know it occurs at every level of employment.
Further, as a c-suite executive, you may find yourself wrongly accused of sexual harassment. In both cases, our team will review the claims and build a succinct strategy to best fight for your rights.
Breach of Contract
Chances are your employment contract is rather lengthy outlining all of the measures you as a corporate level executive can and cannot take. But what happens when the company you work for ends up breaching the contract?
From start to finish, our employment contract attorneys can review your contract and the actions of your employer to ensure your rights are not only protected, but you receive just compensation.
Defamation and Slander
As the face of a company, you likely have been prepared for any and all PR nightmares that can occur. Unfortunately, some of these media slips cannot just be news of the day, gone tomorrow–sometimes it involved defamation and slander.
At Bantle & Levy LLP, our team will fight vigorously to defend your reputation.
Quick facts about C-Suite, Executive Representation
Fact 1: Executive Employment Agreements
Many employers have moved away from contracting with executives for a fixed term. If an employment contract is terminable upon written notice, with or without cause, it is essential to have guaranteed severance and benefit payments built in.
Fact 2: Non-Compete Agreements
In New York, overbroad non-compete agreements will often not be enforced as written --based on the principle that an executive should not be prevented from earning a livelihood.
Fact 3: Bonus Awards
If a bonus award is discretionary, then there is no legal recourse for a low bonus or no bonus. Bonuses should be guaranteed or tied to objective criteria – like key performance indicators (KPI’s).