California Executive Employment Agreement Attorney

What the Company's Lawyers Do Not Want You to Notice

What We Review Before You Sign

Compensation Structure

Base salary is the easiest part of an offer to evaluate. The harder part is how bonus is defined, whether it is discretionary or tied to a formula, how equity vests, and what the company has actually guaranteed versus what it has simply described.

Termination Provisions

The definitions of "cause" and "good reason" determine what happens if the relationship ends, and how much severance you are owed if it does. A broad cause definition can let a company terminate you and avoid severance obligations entirely.

Change-in-Control Provisions

If the company is acquired or merges, your agreement should say what happens to your role, your equity, and your compensation. Without these provisions, that outcome is left entirely to the acquiring company's discretion.

Restrictive Covenants

California voids most non-compete agreements, but non-solicitation, non-dealing, and confidentiality provisions in the same document can still be enforceable. We identify what is actually binding and negotiate the rest.

Invention Assignment Language

These clauses can extend well beyond work performed for the company, sometimes reaching projects done entirely on your own time. We narrow this language before it becomes a problem down the road.

Indemnification and D&O Coverage

For officer and executive level roles, indemnification provisions and directors and officers insurance matter if the company faces litigation during your tenure. We confirm this coverage exists and understand its actual limits.

Arbitration Clauses

Many agreements require disputes to go to arbitration instead of court. Who selects the arbitrator and who bears the cost can make this process significantly less fair than it appears on paper.

The Best Time to Negotiate Is Before You Say Yes

The point of maximum leverage is before you accept, not after. We help executives negotiate salary, signing bonus, equity grants, and start date terms while the company still wants a yes. Once you have accepted the role, that leverage largely disappears, which is why timing matters more here than almost anywhere else in the employment relationship.

The Process, Start to Finish

1. A Confidential Conversation

We start with a call to understand the role, the offer, and your timeline. If you have not yet accepted, timing matters.

2. A Full Review

We go through the agreement provision by provision and tell you plainly what is standard, what is negotiable, and what deserves real attention.

3. Direct Negotiation

We handle the conversation with the company or its counsel, so you are not the one pushing back on your future employer.

4. A Final Agreement You Understand

Before you sign, you know exactly what you agreed to and why, in plain terms.

Why Executives Choose This Firm

15+ Years of Severance Negotiation Experience
We have seen every tactic employers use in a severance process and know exactly how to counter them.

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 contact us. 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 the final signed agreement.

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. You get direct access with the resources of a full firm behind it.

Common Questions About Employment Agreement Reviews

Q: Should I have my employment agreement reviewed before I sign it?
A: Yes. Once you sign, your leverage to negotiate terms drops significantly. A review before signing is the point where changes are easiest to make.

Q: What is the difference between "cause" and "good reason" in an employment agreement?
A: Cause defines when the company can terminate you without paying severance. Good reason defines when you can resign and still be treated as if you were terminated without cause, often triggering severance. Both deserve careful review.

Q: Are non-compete clauses enforceable in California?
A: Almost never. California law voids most non-compete agreements. Non-solicitation and confidentiality provisions in the same agreement can still be enforceable, so the full document needs review, not just the non-compete section.

Q: Can I negotiate my offer letter before accepting a job?
A: Yes, and this is typically the point of maximum leverage. Once you accept, that leverage largely disappears.

Q: What happens to my equity if the company is acquired?
A: It depends on whether your agreement contains change-in-control provisions. Without them, your equity treatment is left to the acquiring company's discretion.

Q: My agreement requires arbitration instead of court. Is that a problem?
A: Not necessarily, but the terms matter. Who selects the arbitrator, who pays for it, and what claims are covered can significantly affect how fair that process actually is.

Do not accept until you understand what you are accepting.

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