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You can ask to amend the release to get 50/52 of your yearly reward of shares, or 96.15%, and then you'll agree to the rest of the release. Generally, a compan
by doctorpangloss 11y ago
You can ask to amend the release to get 50/52 of your yearly reward of shares, or 96.15%, and then you'll agree to the rest of the release.
Generally, a company is not allowed to push out employees in order to avoid granting vesting options. This is a "breach of contract," in the sense that you're only supposed to be terminated with cause. "Pushing out," in many circumstances, includes making you miserable and making you want to leave.
Termination with cause is pretty tricky. If you received a "performance improvement plan," then you'll have a weaker case. If your performance was poor, then it was poor. They had to inform you at some point. Otherwise, it doesn't really mean anything if you say you plan to transition out of the company. That doesn't sound like cause, but it may in the state in which you are employed.
You'll notice on the release that you're going to be agreeing that you can't sue about anything that happened under your employment. That clause is there to specifically prevent people from suing about being pushed out.
Absolutely don't sign the release, do not say anything to them. They do not hold any cards, as others have said. Your lawyer will ask to perform discovery on their e-mail. If they have but one text message or e-mail that says, "We need to terminate this guy before he vests," or if any of the employees sign an affidavit indicating anything to the effect of pushing out, they will incur a significantly higher liability.
So what you're betting on is not whether or not they wanted to push you out, or what you said (being unhappy doesn't make you less entitled to your shares). It's whether or not you can prove that they pushed you out.
You're probably not used to being an aggressive person. Expect to pay a good lawyer a $2,500 retainer for the first time in your life. My suggestion is to talk to them first, see what they'll agree to, and then if you don't get 50/52 of a year's grant, talk to a lawyer. Note, if they so much as agree to even 0.01% of granting your shares, your life becomes immensely easier in court--then the argument because not IF you should get a grant, but HOW MUCH. So if you can get a piece of paper that says even 1 share on it, grab a copy and don't sign it. Talk to a lawyer with it. You'll have everything you need.