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Negotiating and addressing termination obligations, rights in employment contracts, P.2

Last time, we began commenting briefly on some of the issues that are addressed in executive level employment agreements, particularly with respect to the issue of termination. As we noted, such agreements, at the least, need to address the terms surrounding the executive employee’s decision to terminate employment, both in cases where there is cause and in cases where there is no cause, as well as the terms surrounding the employer’s decision to terminate employment for cause and without cause.

The specific circumstances of termination are critical to document in executive termination cases so that it can be accurately determined how an employment agreement should be applied. Clear communication between and executives and their employer is, therefore, very important so that confusion doesn’t arise in the carrying out of contractual duties. 

The terms of compensation, as we noted last time, are also important to clarify with respect to termination of employment. Severance terms, which usually apply in cases where the employer chooses to terminate employment without cause, are important to detail so that lack of clarity in this area doesn’t complicate the case.

The more complicated the details of an employment contract with respect to termination, the more important it is to involve an experienced attorney who can clarify contractual language to ensure both parties understand their obligations and rights and ensure that the client’s interests are well represented. When an employment agreement is breached by an employer or an executive, a lot of money can be at stake and work with experienced legal counsel helps ensure that the client’s rights are zealously advocated.

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