Tajima LLP represents executives and highly compensated professionals in significant California employment disputes. We examine why the employment ended, what compensation remains at stake, and how the separation affects the client’s broader business and career interests.
The full compensation picture
An executive’s financial interests may extend well beyond base salary:
- Bonuses, commissions, and other incentive compensation.
- Stock options, restricted stock, and other equity awards.
- Deferred compensation and contractual severance.
- Vesting, acceleration, and payment rights affected by the timing or stated reason for termination.
We review employment agreements, compensation plans, equity documents, and proposed separation terms together. Definitions of “cause” and “good reason,” notice requirements, and vesting conditions can materially affect the dispute. The governing documents and applicable law determine what is owed and which claims may be available.
Wrongful termination, retaliation, and contract claims
California’s at-will rules do not permit termination for an unlawful reason. Depending on the facts, a case may involve discrimination, retaliation, protected whistleblowing, discharge in violation of public policy, or breach of an enforceable agreement. California’s public-policy protection is illustrated by Tameny v. Atlantic Richfield Co..
For executives responsible for compliance, raising concerns can be part of the job. That responsibility does not, by itself, eliminate California whistleblower protection; the statute expressly addresses disclosures made as part of an employee’s duties. Labor Code § 1102.5.
A compensation or contract claim may also matter independently of whether the termination itself was unlawful.
Protecting your next role
Whether you resign or are terminated, a dispute with a former employer can put your next position, compensation, and reputation at risk. Tajima LLP represents departing executives and highly compensated professionals in disputes involving trade-secret allegations, confidential information, non-compete restrictions, and non-solicitation provisions.
We evaluate these issues alongside severance, equity, and other compensation rights, addressing demands and threatened injunctions that could disrupt the transition.
California generally rejects employment non-competes, subject to statutory exceptions. Legitimate confidentiality and trade-secret obligations may still apply, but joining a competitor does not, by itself, establish misappropriation. See Business and Professions Code § 16600 and Whyte v. Schlage Lock Co..
Business litigation judgment for an executive dispute
Executive departures can also trigger disputes over board decisions, ownership interests, and fiduciary duties. Removal from a corporate office, termination of employment, and changes to ownership rights require separate analysis.
Our experience representing executives and employers helps us anticipate defenses and potential counterclaims. We look for contractual, evidentiary, and procedural angles that can change the course of a dispute, and develop a strategy for negotiation, arbitration, or trial around the client’s financial and professional objectives.
Evaluate your options before signing away rights
Prompt legal review can identify applicable deadlines, assess proposed releases, and clarify compensation and continuing obligations. Preserve records you lawfully possess; corporate access and confidentiality restrictions still matter. Our discussion of company emails and access to evidence explains why early attention to records can be important.
Request an executive employment case evaluation. We consider contingency and hybrid arrangements for select matters, based on the individual case.