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Brinksmenship - fun & games 'til you may have no job (1 Viewer)

Koya

Footballguy
So, we all talk about negotiating and trade strategies in fantasy football. Currently, going through my own negotiation with my company, as we have significant new investors coming in.

Unfortunately, our side of the coin had little leverage. We are on the verge of "almost" assuredly making a killing (real estate development, been working for between 3-5 years on two huge projects, as in Billions in development combined, that are breaking ground this coming year). Unfortunately, we were going to perhaps go under before we got there without the additional investment (which is primarily to be utilized for growth capital long term).

Long story short, I have an employment agreement in front of me that, honestly, is a bit absurd and very over reaching. That said, it's a significant bump in salary (like a 40% increase - not Chet world, but maybe on the heels of Otis-land), but I need to put equity that has already been earned back at risk, although with a provision to gain more equity in the end for that risk. But really not a fan of a lot of provision.

ANYHOO - I had to determine how to get a couple key clauses changed because, due to my health, I had not been intricately involved in the actual negotiations, and my team really did not, imo, quite do justice to my comments and concerns (though I begged them to have me look at it first, have my atty review blah blah). I had been given essentially a take it or leave it, from which I at least can get SOME wiggle room. But had to be very strategic about how to do so.

It's not that different than a fantasy deal in terms of the posturing, red herrings and all. Dare I say, years of trading in FF actually has come into play here quite a lot so I can at least get the bare minimum to feel comfortable going forward, and FF trading has helped me out in other negotiations in the past. Curious if anyone else has had a similar situation. It's one thing to get pissed because you either asked for too much and lose out on a trade because you get greedy, or pull the trigger and in doing so send Chris Ivory and Big Ben for C Anderson and Luck and then realize... ####.

It's a whole other thing when that brinksmanship may mean walking away from a place you've hung your hat for 10 years or signing a doc that may tie you up in the future.

 
My only advice is that if your company really does have the possibilty of going under, and if you really do believe the investment will turn things around, it seems like the right move to accept the offer. The investors hold the cards here - take what you can get and work to make it successful and earn back your equity.

Also, rarely does employee equity ever really amount to much. The salary increase is nice and something you have in hand. Doesn't sound all that bad to me.

 
This is real equity actually. So much so, it was one of the main reasons that, had they not changed anything in the doc, I probably would have walked away and kept that equity in pocket.

What's concerning are certain non-compete provisions that would be difficult for me to push against in court, but that's part of the risk. It's also why I focused on narrowing the scope of what the non-compete could cover so I'd have an opportunity to remain in my field and geographic location and still find work (or do my own gig which is more likely - if I don't sign this doc, they still need me, and we'd likely have to work out some consulting arrangement, but that, too, would come with restrictions and far less benefits. But I could obviously get more clients, too)

In the end, it's the salary in hand and their willingness to move even a little, that probably has me over the line.

My recommendation: Don't end up suffering your worst health attack in your life when it is simultaneously the most important part of your company's survival!

 
So if you walk, you still maintain your current level of equity?
Yup. But it may be at more risk of dilution etc, since I won't be involved in the actual business decisions of the Company. While I don't "expect" that, neither would it shock me.

That said, the equity today is worth nothing and not redeemable. It could be worth a decent amount if things go ok, and could be worth a lot if things go well, and as expected.

 
:blackdot:

I know nussing.

but still wishing you GL with this.

and that you should hire a good architect.
If I dont sign, may need you all to hire me!

What firm? We do a lot in house but obviously work with outside firms also. Multifamily, mixed-use stuff.

 
What if you have a clause written in the non-compete agreement that says something like "if this agreement prevents you from getting employment, we will pay you your current monthly salary+ave bonus {when you leave the company} for two years". Guess you would have to prove it but I have seen that clause before. Although you say "almost assuredly making a killing", what happens if it all falls through for whatever reason or the company still goes under? Can you you still land on your feet?

Are they interested in Gates? :D

Good luck!

 
What if you have a clause written in the non-compete agreement that says something like "if this agreement prevents you from getting employment, we will pay you your current monthly salary+ave bonus {when you leave the company} for two years". Guess you would have to prove it but I have seen that clause before. Although you say "almost assuredly making a killing", what happens if it all falls through for whatever reason or the company still goes under? Can you you still land on your feet?

Are they interested in Gates? :D

Good luck!
At this point, I've moved them further than they wanted to go - and not far enough for me, but probably will suck it up.

But, yes... I am confident with the revisions and my set of contacts (industry and business in general) that I should do well. Especially if I can finally start to save some and have a cushion. My salary almost doubled about 18 months ago, and I feel as poor now as I did then.

Swear that once you have money, until you are a Billionaire, it seems your level of spending just rises with the salary, leaving the same feeling of broke and debt. Unless you just give up possessions (I could and probably be pretty happy. My wife? HA!)

 
ps - Almost had them on the hook for gates but now that he's out for an extended period, I'm ####ed. Don't even have bench room with the bye weeks.

 

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