By G. A. Finch It is commonplace for an executive to ask for my legal advice when the executive is contemplating leaving an employer or the executive has been terminated. Of course, I ask for a copy of the executive’s employment agreement, if any, to analyze the rights, duties, and obligations that the executive… Read More CRAZY NOT TO OBTAIN AND READ EXHIBITS AND REFERENCED DOCUMENTS IN EMPLOYMENT CONTRACTS
By G. A. Finch A liquidated-damages clause is a “contractual provision that determines in advance the measure of damages if a party breached the agreement.” Black’s Law Dictionary 949 (8th edition 2004). The benefit can be that the difficulty and necessity of calculating and proving damages in court or arbitration are avoided. When in early… Read More EMPLOYMENT CONTRACT PROVISIONS, LIKE LIQUIDATED DAMAGES, HAVE CONSEQUENCES – DO YOU UNDERSTAND WHAT YOU ARE SIGNING?
Organizations must be careful in being penny wise and pound foolish when it comes to severance.… Read More SEVERANCE PAYMENT SLIP AND FALL
Morals clauses reduce risks for organizations while individuals must be mindful of poor judgment… Read More MORALS CLAUSE
Signed employment contract should be precondition to executive’s commencement of employment.… Read More NEVER START A JOB BEFORE EMPLOYMENT AGREEMENT IS SIGNED
BY G. A. FINCH To the uninitiated, the term “moral rights”, would at first blush (pun intended), seem to suggest having something to do with bad character, improper behavior or religious and philosophical subjects. Actually it has to do with intellectual property rights of an author, artist, or creator beyond mere copyright interests. Moral Rights… Read More POWER WORD PLAY (A Term, Word, or Concept an Executive Ought to Know): MORAL RIGHTS
BY G. A. FINCH If your employment agreement has deferral of compensation provisions, you may very well see a section or paragraph captioned “Internal Revenue Code Section 409A” or simply “409A.” Its official citation is 26 U.S. Code Section 409A – Inclusion in gross income of deferred compensation under nonqualified deferred compensation plans. This… Read More INTERNAL REVENUE CODE SECTION 409A
BY G. A. FINCH You are leaving your job or you have already left. After you leave, you want to use all of your power point presentations, white papers, newsletter articles, and blog posts that you did for your employer. Not so fast. Are you allowed to do that? Who owns the written work that you… Read More I WROTE IT SO WHY CAN’T I USE IT?
THE NUTS & BOLTS OF EXECUTIVE EMPLOYMENT AGREEMENTS (click here for video) A video created by Dignitas Wealth Management – Family Office – Wealth Management.
Indemnification provisions should be considered in employment contracts.… Read More INDEMNIFICATION AND D & O INSURANCE IN EMPLOYMENT CONTRACTS