For executives and senior professionals, a problem at work can put a significant amount of money on the line. A termination might affect a large annual bonus, commissions, equity, deferred compensation, severance, or benefits. A non-compete could interfere with the next position you planned to take. In other cases, a dispute with an employer can threaten professional relationships and a reputation built over years.
Wall, McLean & Gallagher exclusively represents executives and other senior-level employees in employment matters. We do not represent employers. Our clients include executives, physicians, senior managers, business leaders, and other professionals in Helena and throughout Montana. Our employment practice includes severance agreements, employment contracts, compensation disputes, wrongful termination, non-compete agreements, discrimination, retaliation, and other significant workplace disputes.
A senior employee’s compensation is rarely limited to a paycheck. Bonuses, commissions, equity, profit-sharing, deferred compensation, benefits, and other incentives can make up a substantial portion of total earnings. Problems often surface when the employment relationship ends. An employer might claim a bonus was discretionary, refuse to pay compensation earned before termination, or take a position that conflicts with the terms of an employment agreement.
Executive contract disputes may involve:
The employment agreement is only one part of the picture. Compensation plans, offer letters, amendments, emails, company policies, and past payment practices can all become relevant when determining what was promised and what is still owed.
If you have been handed a severance agreement, the dollar amount on the first page is only part of the deal.
The agreement may require you to release potential claims against the company. It may also include confidentiality requirements, non-disparagement provisions, restrictions on future employment, or terms affecting bonuses, benefits, commissions, and other compensation.
For a highly compensated employee, there can be substantial room between simply accepting or rejecting the initial offer. Severance pay, continued benefits, bonus treatment, references, restrictive covenants, and the terms surrounding a departure may all be part of the negotiation. Signing also usually means giving up certain legal claims, making it worth taking a close look at both what the agreement provides and what it requires in return.
A senior-level termination can put years of compensation and career progress at risk. The circumstances surrounding the decision can also raise questions about why the employer acted when it did.
Sometimes the stated reason does not line up with what was happening inside the company. An executive may have recently reported misconduct, raised concerns about discrimination, questioned company practices, participated in an investigation, or refused to take part in conduct they believed was improper.
Timing can matter in compensation disputes as well. A termination shortly before a substantial bonus, commission, equity payment, or other compensation becomes due deserves a closer look.
Emails, performance reviews, compensation records, employment agreements, internal communications, and the sequence of events before termination can help establish what actually happened.
A restrictive covenant can become an immediate problem when you are preparing to join another company, start a business, or continue working with clients you have known for years.
Non-compete and non-solicitation disputes can affect where someone works, which clients they may contact, whether they can recruit former colleagues, and what information they can use in a new role. Confidentiality provisions and trade secret allegations can add another layer to the dispute.
A compensation dispute can involve tens or hundreds of thousands of dollars, and in some cases considerably more. The disagreement may center on whether compensation was earned, when it became payable, whether certain performance requirements were met, or what happens to that compensation after termination.
Disputes involving executive bonuses, commissions, incentive compensation, deferred payments, equity, and profit-sharing often turn on several documents rather than one contract.
Discrimination and retaliation do not always begin with a termination. At the executive level, the first signs may be a sudden reduction in responsibilities, exclusion from leadership meetings, changes to compensation, loss of authority, or a new focus on supposed performance problems that were never raised before.
Retaliation may also follow complaints about discrimination, reports of misconduct, participation in an internal investigation, or other protected activity. When the treatment of a senior employee changes abruptly, the timeline leading up to that change can become an important part of an employment claim.
Executive employment issues are not limited to corporate officers. Physicians, healthcare professionals, senior sales employees, financial professionals, managers, and other highly compensated employees may have complex agreements that affect both current compensation and future career options.
A physician leaving a practice, for example, might be dealing with productivity compensation, bonuses, ownership or partnership interests, patient relationships, termination provisions, and restrictions on where they can practice next.
High-level employment disputes often involve substantial compensation, detailed contracts, sensitive negotiations, and decisions that can affect what comes next professionally.
Wall, McLean & Gallagher is based in Helena and represents executives, physicians, senior managers, and other professionals throughout Montana in serious employment matters. Whether you are reviewing a severance package, facing termination, dealing with unpaid compensation, or concerned about restrictions on your next move, we can take a close look at the circumstances and determine the best path forward.
Contact Wall, McLean & Gallagher to discuss your situation with a Helena executive employment attorney.
