Executive Employment Agreement

An executive employment agreement is the same as any other employment agreement or contract in that it can come in a variety of forms including oral, written, implied or a combination of all three. While frequently more involved than standard work contracts, the executive employment agreement is enforceable even if the contract is oral and not memorialized in writing. Generally, an executive employment agreement is drafted in writing and includes detailed information on the benefits of an executive, including: equity-based compensation, any deferred compensation, specific employment and severance agreements, and the so-called "golden parachute" agreements. Significant contract negotiation experience is often required in the drafting stages of an executive employment contract, and there is generally a large amount of money involved in the contract terms. Executive employment agreements are common for C-level executives of corporations such as a CEO, CFO or COO, as well as for entertainers such as pro-athletes and radio personalities.

Fast Facts

  • Given the detailed nature of most executive employment agreements, the final binding contract is almost always in writing.
  • The complexity of many executive employment agreements makes having a skilled employment attorney a valuable and often necessary asset during the contract negotiation process.

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