Through education, hard work and perseverance, we build a career. Our careers are not only our means to earn a living, but our careers are also central to our personal self-definition and pursuit of meaning. Most of us seek greater and greater rewards from our work; few of us naturally focus on the risks at work. Generally speaking, risk is what our attorneys handle. The important question is this: “Before or after the damage arises?”

What are the “risks” at work? We define “risk” at work simply as “loss of a workplace reward.” And by “reward” we mean each thing we get from our work, including title, salary, authority, bonus, benefits, perq’s and equity . . . even the job, itself, and the relations it enhances, and reputation it advances. Loss of any of these can be damaging and painful, indeed, even fatal to a career, even through no fault of one’s own.

Where are the “risks” at work? They exist in every employment transition you make – during recruitment, hiring, promotion, transfer, resignation, termination or otherwise. And, too, in every document you sign – offer letter, employment agreement, long term incentive compensation agreement, severance agreement or otherwise. A single word, an errant comma, and even the omission of a phrase or provision, can make a world of difference in any career transition or workplace document.

Only an experienced eye and mind can spot them, and correct them, in your best interests. It is the employment attorney’s primary job to (a) identify, (b) assess and (c) reduce risks as they arise. Even better, the highest calling of an employment attorney is to “look down the road,” and do whatever can be done to actually prevent risk from arising. That’s not an easy thing to do. But it is unquestionably the best thing to do.

Many offer letters and employment agreements provide “Your annual salary will be $XX dollars, or such other sum as the Compensation Committee shall in its discretion determine.” Sounds okay, but it would be far less risky if it said “You annual salary will be $XX per year, or such GREATER sum as the Compensation Committee shall in its discretion determine.” See the reduction of risk by insertion of the word “GREATER?”

We suggest to each of our clients that they share with us, as soon as possible, in any employment transition, and with each employment document they are asked to sign, what their goals and expectations are, so we can then (a) identify, (b) assess, and (c) reduce, if possible, the attendant risks.

It is never too early to manage your employment and career risks. But it can be too late. We are available to assist.

Risks, once understood, are “one half resolved.” Risks arise in all we do, every day. We are never able to remove them all. But just being aware of what risks there are is important, so we can navigate around them in later days.  “Just because waters are calm, that does not mean there are no alligators.” Nigerian Proverb.