If you’re considering hiring an executive, you should know that many executive compensation agreements contain mandatory arbitration or non-compete clauses. The purpose of these clauses is to prevent the employee from working for a competitor or taking another job.
Issues of Discrimination
The employer must examine the compensation practices for similarly situated employees to determine if an executive compensation agreement is discriminatory. The investigation must address whether the Executive Compensation practices are job-related and serve the employer’s business needs. The employer may want to consider alternative practices if the compensation practices do not have a clear job-related component. Discrimination based on race, national origin, or other protected characteristics is unlawful. It includes age discrimination, gender-based discrimination, and sex-based discrimination.
Tax Implications
When drafting executive compensation agreements, employers must consider the tax implications. It is especially true when the benefits and payments are tied to performance. For example, if an executive leaves the company before the Long-Term Incentive Plan (LTIP) vests, they forfeit the unvested portion of the award. In many cases, LTIP benefits are a percentage of a base salary.
However, tax-exempt organizations often have different executive compensation plans than for-profit businesses. That is because tax-exempt organizations do not have the same incentive to avoid deferred compensation arrangements. The result is that deferred compensation can be manipulated and delayed and may end up costing the company money. While deferred compensation plans have some tax benefits, they can also be problematic.
Non-Compete Clauses
Non-compete clauses in executive compensation agreements are used by many businesses to protect their employees. The agreements can be beneficial to both parties. However, the terms and scope of the non-compete clause should be carefully considered to ensure that it will not negatively affect the company. For instance, an executive might not want to sign a needlessly broad non-compete clause.
Another important factor to consider is whether the clause will affect the equity or stock options of the employee. Non-compete clauses, sometimes called restrictive covenants, are often not enforceable in court if they interfere with the company’s customer relationships or goodwill. Therefore, the clause will not be enforceable if an employee leaves without giving the company reasonable notice.
Non-compete clauses are important to the employer and the board of directors. In addition to preventing an employee from competing with the employer, they also protect the employer’s trade secrets and proprietary information. While non-compete clauses may restrict the employee’s freedom to pursue opportunities, they can be useful for preventing wrongful termination masstamilan.
Mandatory Arbitration Clauses
Mandatory arbitration clauses in executive compensation agreements are an often overlooked way to keep disputes out of the court system. A private citizen arbitrator, often a lawyer or retired judge, makes binding decisions. These decisions are generally confidential and final. Companies often prefer these clauses because they can minimize the risk of a company losing a lawsuit. Moreover, the process is not subject to the scrutiny of the public court system, which can make it easier for the company to avoid paying litigation costs.
Mandatory arbitration clauses are a growing trend among employers. These clauses are often beneficial to both employers and employees. They avoid costly litigation and reduce exposure to uncertain jury awards. Also, they make it easier for employees to waive their right to a jury trial. Furthermore, arbitration is a fast, efficient, and inexpensive way to resolve employment disputes Expotab.
Some employers also consider mandatory arbitration clauses when negotiating their compensation packages. However, while arbitration can save them money, it can make some claims unenforceable. For this reason, employers should carefully consider whether mandatory arbitration clauses are right for their business and employees.
