Executives in New York work hard to build careers and want compensation packages that reflect their contribution and protect their interests. You may be negotiating a new role, navigating a promotion or exit, or evaluating terms that will affect your long-term goals. The executive compensation attorneys at Risman & Risman, P.C. provide clear, practical advice so you understand your options and secure the strongest possible package.

We counsel executives at every stage of the employment relationship, including:

• Offer and contract negotiation — base salary, target and guaranteed bonuses, commission plans, equity grants, and sign-on arrangements.
• Equity and incentives — RSUs, options, performance units, vesting schedules, acceleration on termination or change in control, and repurchase rights.
• Separation and transitions — severance pay, benefit continuation, release language, non-disparagement, references, and cooperation clauses.
• Protective terms — indemnification, advancement of fees, D&O coverage, and tail policies.
• Dispute resolution — unpaid wages or earned bonuses, commission disputes, clawback demands, and breaches of contract or restrictive covenants.

Bonuses & Commissions

We distinguish earned versus discretionary bonuses and document objective criteria where possible. New York law protects payment of earned wages and commissions and limits unauthorized deductions.

Section 409A & Change in Control

We review deferral elections, payment timing, and separation-from-service definitions to avoid penalties tied to nonqualified deferred compensation. For CIC provisions, we negotiate double-trigger vesting and severance, define CIC precisely, and coordinate with bonus and equity plans.

Clawbacks, Covenants & Indemnification

We align offer letters and award agreements with recoupment policies and limit discretionary clawback risk. We narrow non-solicit and confidentiality terms, assess any non-compete under evolving New York law, and press for company indemnification to the fullest extent permitted by law, including D&O coverage and tail coverage after departure.

Earned pay and timing: While some frequency-of-pay rules do not apply to executives, New York law still protects earned wages and commissions. Truly discretionary bonuses are hard to enforce; where a formula exists or the bonus is tied to objective metrics, it may be earned and enforceable.

Vacation and PTO: Payout depends on written policy or contract. We ensure policies are clear so you do not forfeit accrued value on exit. Equity paperwork: Award agreements, plan documents, and company repurchase provisions often control — we review the entire stack so there are no gaps between the offer letter and the plan.