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Job Events - Termination

Job Events › Termination

Articles

Job Loss And Your Stock Grants (Part 1): Options, Restricted Stock, And ESPPs

Video included! Whether it is expected or not, job loss is an upheaval that gives you a lot to think about. However, as you clear off your desk, don't forget your stock compensation. Know the post-termination rules of your stock grants.

Job Loss And Your Stock Grants (Part 2): Changes Of Employment Status, Post-Termination Tax, Severance This is premium content

Video included! Amid the upheaval of job loss, don't forget your stock compensation. This article covers important aspects of job termination that apply to all stock grants.

3 Ways To Protect Stock Options And RSUs In A Layoff This is premium content

Laid off? Worried about layoffs? Remember any vested stock options or RSUs you have. You earned them, and it would be a shame to miss out on some extra income as you go. In this article, advisors explain ways to protect your equity comp in job loss.
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Negotiating And Structuring Your Stock Compensation (Part 3): Equity Rights And Severance When You Terminate Employment This is premium content

Podcast included! Part 3 of this article series reviews the steps you must take to preserve your equity rights at or before the termination of your employment, and in any severance arrangement. The impact depends on your specific agreements, the company's overall plans and policies, and—in many cases—the reason for the termination.

Watch For Noncompetes And Other Restrictive Covenants In Stock Grant Agreements

Your stock grant agreement can have a provision that will not only claw back your gains if you leave to work for a competitor but also restrain you from taking a job at that company. As this article explains, these types of provisions, called restrictive covenants, can lurk in grant agreements for stock options, restricted stock, and performance shares.

Stock Option Terms: What You Can Expect This is premium content

Podcast included! Get a sense of what you should, and should not, expect in the terms of your stock option grant. A major survey of companies looks at trends in vesting schedules, post-termination exercise rules, and other plan features.

FAQs

Video included! When I leave my job, what are the top 10 questions I should ask about my stock options, restricted stock/RSUs, or ESPP participation?

To protect your outstanding grants and prevent problems when you leave your job, you should know the answers to the questions in the following checklist...

Video included! What happens if I terminate my employment before an option grant is fully vested?

If your option was granted with a graded vesting schedule, you are allowed to exercise the vested portion of the option grant, but most commonly you forfeit the remainder...

Video included! Do I forfeit my restricted stock or RSUs if I leave the company before vesting?

Generally, leaving the company before the vesting date of restricted stock or RSUs typically causes the forfeiture of shares that have not vested. Exceptions can occur, depending on...
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How much time do I have for exercising vested stock options after my employment ends?

The period for option exercise depends on both your employer's plan design and the reason for your termination. If the options are not exercised by the specified date, they are forfeited. Court cases and survey data show that...

Does the reason for my leave of absence, sabbatical, or furlough affect vesting? This is premium content

Yes, according to the terms of your stock grant and any flexibility given by your plan administrator. Usually you...

If I leave the company, what happens to the money that has been deducted from my paycheck to purchase ESPP shares?

You will continue to own stock purchased during your employment, but your eligibility for participation in the plan ends. Any funds withheld from your salary will be...

My company recently went through layoffs. What rights do involuntarily terminated employees have in their stock options, and what may my company do?

No law gives you special rights in your stock options. Under most stock option plans and grant agreements, an employee whose termination stems from unfavorable economic conditions generally has...

Can my company fire me or reduce the size of my grant just before the vesting of my stock options or restricted stock/RSUs?

In short, yes, assuming this termination is made for good-faith reasons, such as business downsizing. Most employees are "at will," which means...

I'm no longer an employee, so why is there withholding on my NQSO or SARs exercise? This is premium content

Former employees' transactions, regardless of the reason for termination, follow the same withholding and reporting requirements that apply to...

I'm no longer an employee, so why is there withholding on my restricted stock vesting? This is premium content

Former employees' transactions, regardless of the reason for termination, follow the same withholding and reporting requirements that apply to...

Can the terms of my severance accelerate vesting or give me a longer period to exercise my options? This is premium content

You can try for this in your severance agreement. Companies occasionally do this for all employees in special situations. But...

If I lose my job but I am then rehired, can unvested stock options or restricted stock/RSUs be reinstated, or can the exercise period of my vested options be extended to the end of the original term? This is premium content

While being rehired is great news, the bad news is that the unvested options or restricted stock/RSUs were canceled or forfeited when you were laid off, regardless of the reason for termination. As for the vested options...

What are the most common periods after termination during which stock options can be exercised? Does the reason (e.g. disability, retirement) matter?

Usually, you will have time after you leave the company to exercise your options. However, some companies...

What is the tax impact on me if my company modifies outstanding stock options or SARs, such as by extending the option term? This is premium content

With approval from the board, and perhaps also shareholders, your company can modify outstanding grants in a way that is consistent with its stock plan. However, it should avoid tax pitfalls for you and the company, such as...

My company is selling or spinning off the division where I work. I will no longer work for that company but will keep the same job under the new corporate owner. What will happen to options and restricted stock in the divestiture? This is premium content

Check your stock plan to see whether it addresses this type of divestiture (or spinoff), in which just a small division or subsidiary is sold. Many plans...

Does the reason for my termination affect vesting?

Stock plans often have different provisions on post-termination exercise periods for vested options, on any acceleration of vesting, and on the treatment of...

What happens to the vesting of my grant if I switch from full-time to part-time work? This is premium content

Many employers do not adjust the vesting schedules of stock options or restricted stock/RSUs. However, some may feel that adjusting the grant is appropriate and consistent with its compensation philosophy because it was made with the understanding that you would receive equity in the business in exchange for full-time future services. If you switch to part-time work, the company may...

According to surveys, how are unvested stock options most commonly treated upon various types of termination? This is premium content

In its 2021 Equity Incentives Design Survey, the National Association of Stock Plan Professionals found that the following treatments of options at termination are most common...

After I leave the company, can I still violate insider-trading or Section 16 rules by exercising options or selling company stock? This is premium content

The prohibition against insider trading and tipping continue to apply to trades in your company stock even after you stop working there...

Does the severance-pay period extend the clock for post-termination exercise?

Not usually. The post-termination exercise period starts when you...

When I am still working at my company, can it rescind, cancel, or reduce the size of my grant before vesting instead of firing me?

Not unilaterally. Although no law specifically addresses this question, courts have examined...

If I remain with the company for the duration of the vesting schedule, is there any way I can lose the benefit of my option?

You could mistakenly let the options expire without exercising them. You do not have your vested options for life...

Do special rules determine when a leave of absence is a termination of employment for the purposes of ISOs? This is premium content

For ISO purposes, a bona fide leave of absence greater than three months can constitute a termination of employment if...

My company allows me to exercise my ISOs more than three months after I leave my job. What is the tax treatment at exercise?

The Internal Revenue Code is very clear on the requirements of favorable tax treatment for ISOs. Among other conditions...
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