California Executive Termination & Dispute Attorney

What We Look For When a Termination Does Not Add Up

Compensation Disputes & How We Resolve Them

Not every executive dispute centers on why the relationship ended. Some center entirely on what you are owed once it has: unpaid bonuses, disputed commission calculations, deferred compensation the company is slow to release, or equity treatment tied to a termination the company has characterized in its own favor. These disputes require the same scrutiny as a termination claim, since the characterization of your departure often determines the compensation outcome.

We resolve executive disputes through the approach that fits the situation, not a single default path. Many matters resolve through direct negotiation with the company or its counsel, without ever becoming public or adversarial. Where negotiation stalls, mediation offers a faster and more confidential alternative to litigation. Where an employment agreement requires arbitration, or where a formal claim is the only way to protect your position, we take that path as well. The goal in every case is the same: a resolution that reflects what actually happened, reached as efficiently and discreetly as the situation allows.

Wrongful Termination Claims

California is an at-will employment state, but at-will does not mean a company can terminate you for any reason. Terminations that violate public policy, breach an employment contract, or are used to avoid an obligation the company owes you, including severance or vested equity, can give rise to a wrongful termination claim. We review the circumstances of your termination against your employment agreement and California law to determine whether the stated reason holds up.

Discrimination Does Not Stop at the Executive Level

Discrimination based on age, gender, race, disability, or other protected characteristics does not stop at the executive level, and it is often harder to see when it is dressed up as a business decision. We review the pattern of treatment, comparators, and timing to determine whether a termination, demotion, or exclusion from opportunities was actually driven by a protected characteristic rather than the reason stated.

Whistleblower Protection at the Executive Level

Executives who raise compliance concerns, report misconduct, or refuse to participate in questionable conduct are protected from retaliation under California and federal law, but retaliation is rarely obvious. It often appears months later, disguised as a reorganization, a sudden performance concern, or exclusion from key projects. We look at the timeline between the protected activity and the adverse action to build the connection.

Disability & Leave-Related Disputes

Executives on medical leave or requesting a disability accommodation are protected from retaliation and entitled to reasonable accommodation under California and federal law. When a leave request or disability disclosure is followed by a demotion, exclusion, or termination, the timing itself raises questions the company will need to answer. We review the sequence of events and the company's stated justification against what the law actually requires.

Layoffs & Reduction-in-Force

A reduction-in-force is a legitimate business decision in most cases, but it can also be used to remove a specific executive while avoiding the scrutiny a targeted termination would draw. We review selection criteria, who else was affected, and whether the timing lines up with a protected activity, a leave, or a compensation dispute the company had an incentive to avoid.

Responding to a Performance Improvement Plan (PIP)

A performance improvement plan is sometimes a genuine attempt to address a concern, and sometimes it is documentation built to support a termination decision that has already been made. How you respond to a PIP, and whether you engage counsel before or after it concludes, affects your options significantly. We review the plan's terms, your performance history, and whether the timing coincides with a protected activity or dispute the company would rather avoid.

What an Arbitration Clause Actually Means for a Dispute

Many executive employment agreements require disputes to be resolved through private arbitration rather than in court. Arbitration is not necessarily disadvantageous, but the specific terms matter significantly: who selects the arbitrator, who bears the cost, what claims are covered, and whether the process allows for meaningful discovery. We review your agreement's arbitration clause as part of any dispute, since it determines the venue and rules under which your claim will actually be resolved, and in some cases whether the clause itself is enforceable.

From First Call to a Clear Strategy

1. A Confidential Conversation

We start with a call to understand what happened, the timeline, and what you have documented so far.

2. A Full Review

We review your employment agreement, including any arbitration clause, along with performance documentation and the sequence of events leading to the dispute.

3. A Clear Assessment

We tell you plainly whether the facts support a claim, what it may be worth, and what your realistic options are.

4. Resolution

Where possible, we resolve matters through negotiation or mediation. Where necessary, we pursue arbitration or a formal claim, and in appropriate cases negotiate a final separation and release.

What Sets This Practice Apart

15+ Years Advising on Executive Compensation
We have reviewed equity structures across public companies, late-stage startups, and early-stage ventures, and understand how each treats vesting and acceleration differently.

Transparent Flat Fee Structure
You will know exactly what representation costs before any work begins. No hourly billing, no surprise invoices.

Confidential by Default
Many of our clients are still employed when they raise an equity question. Every inquiry is protected by attorney-client privilege from the first conversation.

Direct Access to Your Attorney
You work directly with Michael Cunningham, from the first call to final resolution.

Selective Practice
We do not take every matter that comes to us. We take the ones where experienced counsel makes a measurable difference in the outcome.

Personal Attention Backed by a Capable Team
Michael Cunningham is personally involved in every matter, supported by an experienced team but never replaced by one.

Executive Disputes FAQs

Q: My company owes me a bonus it is refusing to pay. Is that something you handle?
A: Yes. Compensation disputes, including unpaid or disputed bonuses, commissions, and deferred compensation, are a core part of our executive disputes practice. We review your compensation plan and the company's stated reason for withholding payment.

Q: My termination was labeled a layoff. Can it still be wrongful?
A: Yes. A layoff label does not immunize the decision from review. If selection criteria, timing, or the pattern of who was affected suggest a pretextual motive, it can still support a claim.

Q: I was put on a PIP right after raising a compliance concern. What should I do?
A: Document everything and speak with an attorney before the PIP concludes. Timing between a protected activity and a sudden performance concern is often the strongest evidence in these situations.

Q: What is a pretextual termination?
A: A pretextual termination is one where the stated reason is not the actual reason. Companies use pretextual reasons to avoid liability for discrimination, retaliation, or contractual obligations like severance and equity.

Q: My employment agreement requires arbitration. Does that mean I have no options?
A: No. Arbitration changes the venue and process for resolving a dispute, but it does not eliminate your underlying legal claims. We review the specific arbitration clause in your agreement, since the terms vary and in some cases can be challenged.

Q: Does every dispute have to go to arbitration or litigation?
A: No. Most executive disputes we handle resolve through direct negotiation or mediation, without ever becoming adversarial or public. Arbitration or a formal claim is pursued only when negotiation does not resolve the matter or the agreement requires it.

Q: Can I pursue a claim if I already signed a severance agreement?
A: It depends on what the release covers and whether it was properly executed under California law. Some claims may survive a signed release. We review the agreement to determine your options.

Get a clear answer on whether your situation supports a claim.

Every inquiry is protected by attorney-client privilege from the first conversation. Call (619) 349-4747 or Schedule a Confidential Consultation