California Employment Law

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California Employment Law

Just looking for advice on best exit out of a company their

Customer Question
Hi there, just looking for...
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out
JA: Have you documented this or discussed it with HR?
Customer: Yes, I’ve discussed with my new boss and HR, made a milestone plan to obtain, asked for 50% of $ with 50% of months, shown how cadence of projects make this timing better for company, and this is merger. I now report to someone with same title and less experience.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Salaried, at will, 1% equity cash paid out, California
JA: Anything else you want the lawyer to know before I connect you?
Customer: I unfortunately have a separate merit bonus for 2017 work that requires me to stay on until February 28 2018. I’m asking for april1 leave and 50% followed by consult rates. I work 80-100 hours a week with this company.
Submitted: 1 month ago.Category: California Employment Law
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Customer reply replied 1 month ago
I don’t think I’ve clarified the question: I want to receive a portion of their retention offer but with reason. doubtful legal leverage here, Or, if I could instead ask they lay me off due to redundancy. Key leaders in Acquiring org and purchased org have stated numerous occasions that my staying on is essential to their figures (earn outs for next 3 years). I’m tired. I want out. Trying to do best thing.
Answered in 24 minutes by:
11/12/2017
California Employment Lawyer: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: California Employment Law
Satisfied Customers: 1,681
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

ANSWER: Since this is at will employment, you can leave whenever you want, but if your question is "can I get them to rewrite the agreement and give me part of what I believe they owe me" the answer is no - unless they are willing to do that, though they're under no obligation and I'm sure you can understand why they perhaps wouldn't be willing to spend extra money they don't have to otherwise spend. A retention offer is meant to RETAIN, ie. keep, someone employed. If you don't stay, there's no basis for being entitled to that offer regardless of what other value you may bring to the company. I hope that answers your question. If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It does NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars). If you have follow up questions I'd be very happy to answer them as well - so definitely ask. You CAN still ask follow up questions after rating. In any case, I'd be happy to answer any additional questions you have. There may be some lag since I may not be logged in but I will always come back to answer any follow up questions you have.

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Olivia Kent
Olivia Kent
Olivia Kent, Attorney
Category: California Employment Law
Satisfied Customers: 1,681
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Experience: Partner at Kent Law Group, LLC

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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.

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