Our Executive Compensation Services
We provide legal assistance with the following:
How We Help with Executive Compensation Issues
Employment Contracts
Executive employment contracts are complex, high-stakes agreements whose consequences often extend well beyond the duration of employment. Compensation structures, equity provisions, restrictive covenants, and severance terms can shape your financial security and career mobility for years to come.
We provide strategic, assertive representation for executives negotiating employment agreements and for those involved in contract-related disputes.
Our attorneys advise you at every stage of the employment lifecycle. We assist with drafting and negotiating initial contract terms, evaluating compensation and incentive structures, and identifying risk in non-compete, confidentiality, and termination provisions. During employment, we can counsel you on how contract terms are being interpreted and enforced, addressing concerns before they escalate.
When disputes arise, whether involving severance, bonus calculations, equity forfeiture, or termination for cause, we advocate decisively to protect your rights and financial interests. From proactive negotiation to litigation when necessary, The Noble Law Firm delivers exceptional guidance grounded in deep employment law experience.
Gender Gap & Glass Ceiling Issues
The gender gap and glass ceiling affect positions from the lower rungs to the top of the corporate ladder. According to Business Insider, a study found that men were presented with more and higher-paying executive job opportunities, including openings for VP, SVP, and C-suite-level positions.
Unfortunately, many women do not fully grasp their worth. Our female-owned employment law firm can help you place an accurate financial value on your contributions to an organization and negotiate fair compensation.
We negotiate favorable terms for women and other minorities who are often victims of a glass ceiling. In cases of gender pay discrimination, we are here to fight for a remedy by filing a discrimination charge and, where warranted, a lawsuit.
Breach of Contract
Executive employment contracts are binding on both the employer and the employee. When faced with a breach of contract, an employee, even one at the executive tier, may be intimidated by the prospect of raising the issue.
The Noble Law Firm helps protect your rights when a contract is violated by providing knowledgeable advice, communicating with employers to resolve conflicts over contract terms, or filing a breach-of-contract lawsuit when warranted.
Non-Compete Agreements
A potential point of contention in an executive compensation arrangement is the inclusion of a non-compete agreement. From the company’s perspective, non-compete agreements protect proprietary information and valuable customer relationships. From the employee’s standpoint, they can unreasonably restrict one’s ability to earn a living.
Covenants not to compete are not enforceable in every situation. Some of the variables include the wording of the agreement, the circumstances under which it was signed, the company's motives for imposing it, and the state with jurisdiction to hear a challenge to the contract.
Our firm may be able to negotiate a more favorable non-compete at the beginning of your employment, or even cancel its terms as part of a separation from the company. The analysis is fact-specific; by consulting one of our experienced attorneys, you can determine if the terms of your non-compete agreement may be unfair.
Severance Agreements
Negotiating your employment severance package before you are hired is likely to put you in a better position if a separation occurs. Negotiable terms vary by the situation, but they can include the amount paid, whether it is paid as a lump sum or over time, types of benefits to be paid or extended, confidentiality requirements, non-compete clauses, and a release of claims against the company.
Many executives do not know their worth. Even those who do may not know what is customary in the industry when it is time to negotiate or exercise severance agreements. We can help you with your separation agreement at the beginning or end of employment.
Key Components of an Executive Employment Contract
Bonuses & Incentives
These often include cash disbursements, equity-based incentives, and signing, retention, and performance-based bonuses. This type of compensation is frequently used to reward performance and align your compensation with the company’s success. As such, they can prove very lucrative under the right circumstances, and help foster a long-term, mutually profitable relationship between you and the company that values your services.
Equity & Stock Options
Executives routinely receive various types of equity and stock options, including:
- Incentive stock options - offer tax advantages; taxes are typically deferred until shares are sold, if the requisite holding period is met.
- Non-qualified stock options - more flexible, but lack the tax benefits of incentive stock options.
- Performance shares -designed to reward executives when specific performance benchmarks are reached.
When negotiating your equity and stock options, we carefully review vesting schedules, exercise prices, expiration dates, and other factors to determine the arrangement that maximizes your total compensation while limiting your downside risk.
Benefits & Perks
Benefits and perks provide an opportunity to individualize your executive employment contract to best support your professional, financial, and personal needs.
These can range from must-have benefits to novel perks, and include:
- Health insurance
- Retirement accounts
- Relocation assistance
- Transportation
- Security services
- Additional vacation time
- Memberships to gyms, clubs, and other organizations
- Executive parking privileges
For every component of your executive contract, our experienced attorneys can help you assess the offer, identify potential leverage points, and negotiate the best possible terms.
Navigating Executive Compensation During Mergers & Acquisitions
With all of the change and disruption that accompany a merger or acquisition, executive compensation packages are often subject to transition.
What will happen if the company you work for acquires or merges with another? Is your compensation protected? The answers to these questions are often very fact-specific. We can advise you on the effect a merger or acquisition will have on your compensation package and devise strategies to safeguard your future earnings.
Golden Parachute Clauses
Golden parachute clauses protect the financial interests of CEOs, CFOs, and other high-ranking employees who leave a company as a result of an M&A.
Perks that may be included in golden parachute clauses include:
- Severance pay
- Additional stock options
- Accelerated vesting of existing stocks
- Accelerated availability of pension funds
- Extended medical benefits
Non-Compete & Confidentiality Agreements
Non-Compete Agreements
Non-compete agreements can significantly impact your career, limiting where and when you can work in the future. Whether it’s renegotiating the non-compete, clarifying its scope, or determining whether the non-compete is enforceable, our attorneys can provide valuable insight to minimize the disruption a non-compete may cause and maximize the market value of your talent.
Confidentiality & Non-Disclosure Agreements
Confidentiality agreements often prohibit you from sharing sensitive company information even after you leave the company. While these clauses are essential for protecting the employer’s interests, they can also expose you to significant legal risks if not properly structured. Our team guides you through what to look for, including exceptions for publicly known information, protections for your right to disclose unlawful conduct, and other critical details.
Executive Compensation in Different Business Life Cycles
Start-Ups vs. Established Companies
In start-ups, compensation packages may place greater emphasis on equity, stock options, and long-term incentives, as cash flow may be limited. On the other hand, established companies often offer more traditional salary-based packages, but the trade-off could be less equity or long-term incentives.
We can assess the risks and benefits of each scenario to help you secure a compensation package that aligns with your career goals, risk tolerance, and financial needs.
Public vs. Private Companies
The compensation dynamics also differ significantly between publicly traded and privately held companies. Executives in public companies often face more complex compensation structures, involving stock options, performance-based bonuses, and regulatory requirements.
In contrast, private companies typically offer greater flexibility in their agreements but may face different considerations regarding equity ownership and exit strategies. Regardless of your company’s status, The Noble Law Firm can help you negotiate a compensation package that maximizes benefits and positions you for long-term success.
Tips for Negotiating Favorable Terms
The contract negotiation stage is your chance to start the next phase of your career on the best possible terms. With a skilled attorney on your side, you can make the most of this opportunity.
Some of the keys to negotiating successfully include:
- Know your value. What is the typical compensation package for your role? How do your unique qualifications set you apart from the norm? By starting with these questions, we can establish a starting point for successful negotiations.
- Don’t focus on just one thing. From baseline compensation to benefits, incentives, and perks, an executive employment package contains many elements. Consider the entire package when negotiating. Sometimes, giving a little in one area can actually place you in a stronger overall position.
- Be specific. The last thing you want is to be surprised by something in your contract months or even years into your tenure. Nail down the specifics during contract negotiations so there is no room for uncomfortable (and potentially costly) disputes in the future.
- Look ahead. Whether you are just starting your career or are much further along, your contract negotiations must prepare you for a future after this position. Severance agreements, retirement packages, non-compete agreements, and other specifics will play a significant role in shaping your future after you depart your current employer.
Our executive compensation lawyers know how to identify leverage points in executive contract negotiations and use that leverage to the maximum benefit of our clients.
Considerations for Executives in North Carolina
State laws may influence the drafting, enforceability, and litigation involving executive employment contracts.
In both North and South Carolina, for instance, non-compete agreements are generally treated more favorably than they are in many other states. Nonetheless, our courts require these agreements to be reasonable in scope and duration, and in many cases will disregard non-competes that do not fall well within these guidelines.
Other employment law issues that can vary from state to state include wage transparency, pay equity, and paid sick leave.
This is why it is essential to work with an employment lawyer who possesses an in-depth knowledge of the laws in your state. At The Noble Law Firm, we handle executive employment matters for clients from Raleigh to Charleston and beyond. We stay up to date on these crucial matters to provide you with the cutting-edge representation you expect and deserve.
Call (919) 324-3013 or submit our online contact form for a free case evaluation with a Raleigh executive compensation attorney today.
