Candidate Hub/Executive agreements
Candidate Hub · Topic 04

Executive agreements

Cause, good reason, severance, change in control, covenants and D&O.

ClauseWhy it matters
Title, duties, reporting lineA change here can be "good reason" to resign with severance. Make it specific.
"Cause" and "good reason"These definitions decide whether you get severance. Narrow "cause"; include material pay cuts, demotion and forced relocation in "good reason".
SeveranceCommonly 6 to 24 months of base (sometimes plus bonus) for senior roles, paid in exchange for signing a release. Ask for COBRA premiums and equity treatment too.
Change in control"Double trigger" protection pays enhanced severance and accelerates equity if the company is sold and you're let go. Large payments can face the 20% "golden parachute" excise tax (Section 280G).
Restrictive covenantsNon-compete, non-solicitation of clients and employees, confidentiality. Enforceability depends on state law; check duration, geography and whether you're paid during the restricted period ("garden leave").
IP & inventionsAssigns your work product to the employer. Several states (e.g., California) protect inventions made on your own time without company resources: list prior inventions.
Indemnification & D&OOfficers should be indemnified and covered by Directors & Officers insurance, including after they leave.
ArbitrationMany agreements require private arbitration. Since 2022, sexual harassment and assault claims can't be forced into arbitration.
Always have an employment lawyer review an executive agreement before you sign. Many companies will contribute to your legal fees if you ask.
Guides

How-to guides

How toReview an executive employment agreement
  1. Read the definitions first: "cause", "good reason", "change in control", "disability". They drive everything else.
  2. Map every scenario: resignation, termination without cause, for cause, sale of the company, death or disability. What do you receive in each?
  3. Check restrictive covenants: duration, geography, scope and whether you are paid during the restricted period.
  4. Confirm indemnification and D&O insurance coverage continues after you leave.
  5. Look at dispute resolution: arbitration, governing law and who pays legal fees.
  6. Have an employment lawyer review it and ask the company to reimburse a reasonable legal fee.
How toNegotiate severance before you join
  1. It is far easier to agree severance at hiring than at exit.
  2. Ask for base plus target bonus for a fixed number of months, COBRA premiums, and pro-rated or accelerated equity.
  3. Add enhanced "double-trigger" protection in case of a sale.
  4. Make sure "good reason" lets you resign with severance if your role is materially reduced.

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Information reviewed September 2026. General information only, not legal, immigration, tax or financial advice. Laws change frequently and vary by state and personal situation; consult qualified professionals.