Employment Agreements & Offer Review
Understand the terms before you sign.
A new position, promotion, or executive appointment can involve much more than salary and job title. I review employment agreements, offer letters, and related compensation documents for executives and professionals so they can understand the legal and practical effect of the terms before committing to them.
My review may include compensation and bonus provisions, equity and incentive arrangements, termination rights, severance, restrictive covenants, confidentiality and intellectual property obligations, arbitration provisions, notice requirements, change-in-control terms, and other provisions that may affect the employment relationship or a future departure.
I identify provisions that warrant particular attention, explain how they may operate in practice, and help clients evaluate where negotiation may be appropriate. When requested, I can also negotiate proposed terms directly with the employer or its counsel.
The goal is not simply to review the language of the agreement, but to help you understand what you are agreeing to, where your meaningful risks and opportunities lie, and whether important terms should be addressed before you sign.
Ms. Mijares is an excellent attorney. She helped me with my work contract, addressed my issues and concerns, and did it in a timely manner. She was very thorough. I would highly recommend her.
What I Review in an Employment Agreement
Employment agreements and offer documents can affect far more than compensation. I review the provisions that may shape the employment relationship, a future departure, and the client’s ability to move to another opportunity later.
Depending on the agreement, my review may include:
- Base salary, bonuses, commissions, and incentive compensation
- Equity awards, stock options, RSUs, vesting, and forfeiture provisions
- Signing bonuses, retention bonuses, and repayment obligations
- Job duties, reporting relationships, and changes in responsibilities
- Term and renewal provisions
- Termination rights and definitions of “cause” and “good reason”
- Severance and post-termination compensation
- Change-in-control provisions and executive protections
- Noncompetition, nonsolicitation, and confidentiality obligations
- Intellectual property and invention-assignment provisions
- Arbitration, forum-selection, and dispute-resolution provisions
- Notice requirements and resignation obligations
- Clawback, repayment, indemnification, and other post-employment obligations
I focus not only on what the agreement says, but also on how the provisions work together and which terms are likely to matter most in practice. Where appropriate, I identify provisions that may warrant clarification or negotiation before the agreement is signed.
How I Help With Employment Agreements
I assist executives and professionals at different stages of the employment-agreement process, from reviewing an initial offer through negotiating proposed terms and evaluating later amendments or changes.
Depending on the client’s needs, I can:
- Review an offer letter, employment agreement, compensation plan, or related employment documents before signature.
- Explain the practical effect of important provisions and identify terms that may create unexpected obligations or limit future options.
- Compare proposed terms with the client’s priorities and identify provisions that may warrant clarification or negotiation.
- Advise on compensation, bonuses, equity, severance, restrictive covenants, confidentiality, arbitration, and other significant employment terms.
- Prepare proposed revisions or negotiation points for the client to raise directly with the employer.
- When appropriate, communicate and negotiate directly with the employer or its counsel on the client’s behalf.
- Review amendments, promotion agreements, retention arrangements, or other employment documents presented later in the relationship.
The scope of the engagement can be tailored to the situation. Some clients need a focused review and consultation before signing; others want assistance negotiating multiple provisions or coordinating several related agreements.
When to Have an Employment Agreement Reviewed
Employment agreements are easiest to address before they are signed, but legal review can also be valuable when an employer proposes a promotion, amendment, retention package, compensation change, or other new set of terms.
Consider having an agreement reviewed when:
- You receive an offer letter or employment agreement for a new position.
- Your compensation includes significant bonuses, commissions, equity, stock options, RSUs, or other incentive compensation.
- The agreement contains a noncompete, nonsolicitation provision, confidentiality obligation, or other post-employment restriction.
- You are being promoted or asked to sign new terms during an existing employment relationship.
- You are asked to sign an arbitration agreement, intellectual property assignment, repayment obligation, or other separate employment document.
- Your employer proposes a retention agreement, change-in-control arrangement, or revised compensation structure.
- You are considering leaving your employer and need to understand how the agreement may affect your resignation, compensation, equity, or next position.
- You have received multiple related agreements and need to understand how the provisions work together.
Reviewing these documents before making a decision can provide clarity about both the immediate offer and the obligations that may continue after the employment relationship ends.
If negotiation is appropriate, I can help identify the provisions that matter most, develop proposed revisions or negotiation points, and, when requested, communicate directly with the employer or its counsel.
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