Professional Legal Assistance with Employee Stock Option Issues
Receive trustworthy employment advice from a team of skilled Pleasanton lawyers
It is common for employers to offer employee stock options or an employee stock ownership plan (ESOP) for employees who have worked at a company for a specified period of time. After obtaining company stock for less than market value, the employee can then sell the shares for more than the original purchase price. However, if the company’s stock falls dramatically, the employee may wind up losing money, and may attempt to file a claim against the employer. Employment issues involving ESOPs can be complicated and difficult to remedy. Garcia & Gurney, ALC provides employers and employees with sound advice and experienced guidance on the full range of stock option planning issues.
What our Pleasanton employment attorneys can do for you
Employee stock options can be useful in creating an incentive for employees to perform to the best of their abilities. At Garcia & Gurney, ALC, our lawyers can advise you on how to properly manage ESOPs and how to create stock option plans that are compliant with the law. In addition, we can assist you in the following ways:
- Drafting stock option plans: It is essential that ESOPs be carefully designed. The plan should be clear and provide employees with the right to purchase stock in the company at a specified price. Additionally, the plan should thoroughly cover any contingencies regarding the purchase of stock. It is important that language used in a stock option plans be explicit — vague language can result in disagreements and possibly litigation. It is also necessary that an employee stock option plan use either incentive stock options or non-qualified stock options, which have different tax consequences.
- Reviewing stock option plans: We can also review an existing stock option plan to determine if the plan is thorough and if accepting it is in your best interest. Our Pleasanton attorneys can determine the tax implications of a stock option plan and evaluate whether it adequately explains your rights as an employee for unvested options if you are terminated.
- Ensuring compliance: To avoid litigation and accusations of stock options fraud, it is essential that you comply with SEC regulations.
General employment law counsel for clients in Alameda and Contra Costa Counties
Garcia & Gurney, ALC is ready to assist you with any issue related to ESOPs. For help with a labor and employment matter or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.