Sklover & Company, LLC

Employment Attorneys

Serving Executives, Professionals and Senior Managers​

ExecutiveLaw Compensation and Employment Resets

13. Compensation and Employment Resets

“During negotiation, information is more valuable than eloquence.”
– Amit Kalantri

The economic contraction upon us is likely to result in a resetting of your compensation and employment provisions. We encourage you to be both prepared and proactive.

A. Adjustment Requests — When Presented to You.
Several of our clients have recently been presented with modifications to their compensation and employment provisions. The primary rationale, of course, is the unforeseen economic reality brought about by the Covid-19 crisis. Whether presented to you or by you, either way, it is prudent to be prepared.

Flexibility is a virtue, but so is sober analysis. We cannot abandon prudence when discussing valuable and hard-won interests, rewards and risk mitigation. It is essential to fully grasp not only the changes, themselves, but also their potential consequences, both short-term and long-term.

Most personal service agreements and associated plans – employment, incentive compensation, equity, partnership, LLC and others – are often quite intertwined. Thus, a change in one agreement or plan may result – intentionally or otherwise – in a change in another. And each word of each document is important. As the social commentator Andy Rooney said “Fine print rarely delivers good news.”

B. Adjustment Requests – By The Executive.
Some of our clients are proactively preparing requests for modification of compensation and contract models, themselves. As mid-year approaches, and diminished financial conditions intensify, so too do diminished expectations for this year’s year-end results, and yearly compensation along with them. The need to adapt to this “new reality” is upon us, or soon will be.

Whether on “offense” or “defense,” don’t let yourself be flat-footed, caught off guard, or unprepared to respond – or propose – based upon a careful analysis.

C. Most Common Resets:.

a. Compensation – Incentive Comp Formula Resets, Changes in Targets and Minimum Payouts

b. Equity Awards – Vesting Schedules

c. Change of Control – Additional Conditions to Protections

d. Employment – Altered Duration of Term of Service

e. Benefits – Reduction, Elimination, Change in Eligibility

More than ever, leverage is found in your perceived contribution to (i) ongoing operations, (ii) reliable sources of revenue, and (iii) successful adaptation to the evolving “new normal.”

There’s a lot to consider, a lot to evaluate, and a lot to memorialize with clarity and precision. And, too, there’s a lot to lose or gain. We are here to help you.

We offer confidential telephone consultations as a first, preliminary step in providing counsel to those with workplace or career problems or opportunities. They are available days, evenings and weekends, depending upon urgency. For those with questions related to matters on which we were retained and worked with them during the preceding 12 months, brief discussions, without review of new documents, are provided without charge. For others, our Schedule of Consultation Fees can be found on our About page. Consultation arrangements can be made with Ms. Vanessa Mustapha or Ms. Phyllis Granger at 212.757.5000, or by email to or

(If you have any thoughts, comments or suggestions about these Insights, please consider sharing them with us, by forwarding them to us at Thank you, in advance.)

© Copyright 2020 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

ExecutiveLaw Career Brand

1. Your Unique Career Brand

“Either you are distinct, or you will become extinct.”
– Tom Peters

We are enthusiasts when it comes to the practice and pursuit of branding and, of course, when it comes to employment, the notion of “career branding.”

Each of us has a unique personal brand, namely what others think of when they think of us. It is their sum total view of what we offer the world, our value to others, and to our clients, customers, employers and colleagues. Your brand precedes you, empowers you, and follows you, wherever you go.

Your “career brand” is what your present employer and all potential employers think of your potential value to them, and thus what they need to offer you in return for your working for them. Your knowledge, skills, relations and reputation have taken a great deal of time and effort to learn, acquire, and develop, and is a reflection of your personality, character and the standards you have set for yourself.

You create your brand each and every day, whether you know it or not. If you don’t proactively create and enhance your career brand, you leave that critical task to luck and chance, or worse, permit others to define it for you.

The employment marketplace is an increasingly competitive place. New York Times columnist Tom Friedman has written “Good enough is no longer good enough.” We could not agree more. If you don’t have a distinctive, attractive, outstanding career brand, in the employment marketplace you are likely perceived as little more than an easily replaceable commodity.

Most of our clients have devoted and continue to devote significant effort and imagination to creation and enhancement of their own, distinctive career brand, and enjoy the multiple and varied “fruits” of their efforts. Their experiences are as inspiring to us as they are rewarding for them, in the broadest sense and spirit of those two words.

ExecutiveLaw™ Insights

  1. Your Unique Career Brand
  2. Managing Employment Risks
  3. The Recruitment Phase
  4. The Negotiation Phase
  5. Equity “Trap Doors”
  6. Climbing the Ladder
  7. If Difficulties, Disputes or Allegations Arise
  8. Navigating Employment Departures
  9. Continuing Restrictions
  10. Extending Career Longevity