California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
I am working in California.
The basis for the attempt is underperforming.
Hello again, Stephan, and thank you for the additional information.No, this would not typically be legal and would normally constitute a breach of the stock option agreement, assuming there is such a document providing for the stock options as part of your compensation package.If you still work for the employer, it would normally be best to take the diplomatic course of action and retain a local employment law attorney to explain your right to the benefit of your agreement with them, rather than pursuing legal action.Of course, if the employer refuses to adhere to the terms of your agreement with them, it may become necessary to file a lawsuit.If the amount of compensation you would be seeking is $10k or less, then you could pursue a cause of action in small claims court without an attorney. Otherwise, it would be best for an attorney to represent you in the Superior Court.The state and local bar associations can provide attorney referrals for you.
It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.
Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.
Thank you very much and all the best to you,
Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).