3 ms·
I'd argue for paying at least pro-rata signing bonus in the event of a not-for-cause termination like a layoff. Probably for letting the employee keep the enti
by rdl 8y ago
I'd argue for paying at least pro-rata signing bonus in the event of a not-for-cause termination like a layoff. Probably for letting the employee keep the entire signing bonus in this case. (More likely yes if it's a lower level employee, less likely if it's a very senior executive and a larger amount, but those are more often in equity or explicitly to make up for lost options in a previous company.)
Otherwise, yes, termination and NDA/non-disparagement are fine. She has every right to be upset, but isn't really helping her case with irrelevant details. DV status is irrelevant to civilian employer.
Performance bonus would depend on the terms. Was it a 2018 bonus for work in 2018, with a payout date in 2019? In that case, if terminated for cause (or quit), sure, don't pay, but they should pay for a layoff. Again, above the legal requirement, so making it conditional on NDA/nondisparagement is fine.
- cowsandmilk 8y ago> More likely yes if it's a lower level employee, less likely if it's a very senior executive and a larger amount, but those are more often in equity or explicitly to make up for lost options in a previous company. The thing is, the higher level employees are the ones most likely to have brought in a lawyer to review their employment agreement and to have negotiated explicitly for getting a clause for this type of payout if they are let go. These are often referred to as a golden parachute or golden handshake... Basically, fire someone near the top, whose mismanagement is likely responsible for problems, you have to pay out the nose; fire a low level employee, you pay next to nothing.