Resignation & Departure Planning
Plan the departure before you give notice.
Resigning from an executive or professional role can affect far more than the final day of employment. The timing and manner of departure may influence bonuses, commissions, equity, benefits, notice obligations, restrictive covenants, references, transition duties, and the start of a new opportunity.
I advise clients who are considering a voluntary departure and want to understand the legal, financial, and practical consequences before communicating a decision. My work may include reviewing employment and compensation documents, evaluating post-employment obligations, identifying timing issues, and developing a careful plan for notice and transition.
Departure planning is most useful before a resignation has been announced or a final date has been selected. Early review allows the client to understand what may be earned, forfeited, triggered, or required by the decision.
The goal is to help you leave professionally, protect important interests, and begin the next chapter with fewer avoidable surprises.
I've worked with Kristin on a few issues as a business owner and could not be happier with her ethics, her insight and her help.
What to Review Before Resigning
A resignation can trigger provisions contained in several different documents. I review those materials together so the client can understand how the timing and terms of departure may affect compensation, obligations, and future opportunities.
Depending on the situation, the review may include:
- Notice requirements and the proposed last day of employment
- Base salary, accrued paid time off, and final-pay provisions
- Annual, performance, retention, signing, and discretionary bonuses
- Sales commissions and other incentive compensation
- Stock options, RSUs, restricted stock, vesting, and post-employment exercise periods
- Deferred compensation and change-in-control arrangements
- Repayment, clawback, forfeiture, and training or relocation obligations
- Noncompetition, nonsolicitation, confidentiality, and intellectual-property provisions
- Return-of-property, information-security, and record-preservation requirements
- Transition, cooperation, and post-employment assistance obligations
- Benefits, insurance, retirement plans, and other employment-related programs
- References, announcements, communications, and rehire eligibility
- How the departure may interact with a new job, consulting role, or business venture
The review focuses on both the written terms and the practical sequence of events surrounding the departure.
Timing and Communication Considerations
When and how a resignation is communicated can affect compensation, professional relationships, transition expectations, and the employer’s response. A thoughtful plan can help the client avoid creating unnecessary uncertainty or giving up leverage unintentionally.
Planning questions may include:
- Whether a contract or policy requires advance notice
- Whether the proposed date affects a bonus, commission, equity vesting, or another payment
- Who should receive notice and whether the communication should be written
- How much detail to provide about the reason for leaving or the next opportunity
- How to respond to questions about a prospective employer or future role
- How to address transition responsibilities, client matters, and pending projects
- What company information, devices, documents, and property must be returned
- How to preserve appropriate personal records without retaining employer information
- Whether to request confirmation of compensation, benefits, references, or departure terms
- How to approach an exit interview or proposed separation documentation
The appropriate communication strategy depends on the client’s role, agreements, workplace relationships, and objectives.
How I Help With Resignation & Departure Planning
I tailor departure-planning advice to the client’s documents, compensation arrangements, professional goals, and anticipated next step.
Depending on the client’s needs, I can:
- Review employment, compensation, equity, and restrictive-covenant documents.
- Identify financial and contractual consequences associated with different departure dates.
- Help the client evaluate available options and define priorities.
- Prepare a resignation or notice letter and advise on related communications.
- Develop a plan for returning property and protecting confidential information.
- Advise on transition, cooperation, and knowledge-transfer expectations.
- Review proposed departure acknowledgments, releases, or other separation documents.
- Prepare questions, proposed terms, or negotiation points concerning the departure.
- When appropriate, communicate with the employer or its counsel on the client’s behalf.
- Coordinate the departure with a new offer, consulting agreement, severance proposal, or restrictive-covenant issue.
Some clients need only a focused review and planning consultation. Others benefit from assistance through the resignation, transition, and review of the employer’s response.
When Departure Planning Can Be Especially Important
Advance planning can be particularly valuable when the financial or contractual consequences of resigning are significant or when the timing of the next opportunity creates additional complexity.
Consider obtaining advice before resigning when:
- A bonus, commission, equity award, or retention payment may depend on remaining employed through a particular date.
- Your agreement requires advance notice, transition assistance, or post-employment cooperation.
- You are moving to a competitor, customer, client, vendor, or related business.
- You are subject to a noncompete, nonsolicitation, confidentiality, or intellectual-property agreement.
- You plan to begin consulting, advising, or operating a new business.
- Your departure follows a promotion, reorganization, performance concern, leave, or workplace dispute.
- You expect the employer may present a release, severance proposal, or other departure document.
- Several agreements contain overlapping or inconsistent provisions.
- The departure could affect a change-in-control payment, deferred compensation, or post-employment equity exercise period.
Reviewing these issues before notice is given can help the client choose an informed timeline and approach the transition with a clear plan.
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