Negotiating Employment Agreements

About the Course:

Those negotiating employment agreements must be mindful of a slew of state and national labor laws as well as health care coverage responsibilities, pension funding requirements, and a byzantine maze of taxation issues. If done right, employment agreements will align the objectives of both employer and employee. Properly negotiated employment agreements will also guard company trade secrets and other confidential information, protect against the raiding of employees, and reduce the likelihood of litigation.

This course is replete with eye-opening insights such as:

  • When statutes of fraud prohibit the enforceability of oral contracts for employment.
  • When company approval is needed for an employee to participate in civic and charitable organizations.
  • When company provided health care benefits can be deemed taxable income to the employee.
  • How "best efforts" requirements affect standards for termination for "cause".
  • The circumstances under which an employee may terminate employment and still receive severance.
  • The benefits of a company paying severance payments on a continuing basis versus on a lump-sum basis.
  • Best conditions for a company to release employees from their employment agreements.
  • The implications for companies and employees of changes of control provisions being activated by single-triggers versus double-triggers.
  • The employees' obligation to mitigate or offset damages for the employers' breach of contract.
  • The interaction of the payment of severance benefits and the employee signing a general release of claims.
  • The conditions which trigger partial severance, disability or death benefits.
  • When employees may be required to return compensation and the related tax benefits.

In addition to shedding valuable guidance on these issues, many tax issues are addressed. The tax issues include:

  • Golden Parachute Payments
  • Deferred Compensation
  • Limited Tax Deductions on Compensation
  • Equity Based Compensation
  • Compensation Clawbacks
  • Disability Payments

Course Leader:Marc Fosse, Lawyer, Trucker Huss

Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity compensation arrangements. He works with publicly traded, private, non-profit and government clients in the design, implementation and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. Marc also assists clients in drafting and negotiating executive employment, retention, change in control and severance agreements and programs. Marc regularly advises clients regarding handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings and other corporate transactions.

Course Length: Approx. 1.5 hours


Purchase Now:

Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at