Cut company in the Retention Agreement in a few clicks

Aug 6th, 2022
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How to cut company in the Retention Agreement

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hi this is Wayne Zell host of blueprint for wealth and founder and managing member of Zell law in Reston Virginia todays video blog is an excerpt from my new book your multi-million dollar exit the entrepreneurs business succession planner due out in early 2023 so I hope you enjoy this excerpt and stay tuned for the book today were going to talk about retention bonuses a bonus thats given to an employee for staying on with a company after its sold many deals involve retention bonuses theyre offered to key employees who are critical to the future success of the business they become even more important if the seller is subject to an earn out meaning a payout based on the performance of the company after the closing of the sale so keeping your key employees involved after the closing is really important so you want to give them an incentive to do so if a key employee leaves during the earn out period the period that the earn out is measured this performance bonus for the whole compa

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What is an employee retention agreement? An employee retention agreement is a contract that encourages staff to commit to staying with an organization for a specific time frame. Employers use them as retention tools to stop essential team members from leaving at critical moments for the business.
Retention agreements are enforceable contracts, and both parties are required to carry out their stated responsibilities. To ensure clarity and mutual understanding, it is important that both the employer and the employee carefully consider and comprehend the terms and conditions of the agreement before signing.
Under the US National Labor Relations Act, employees have the right to find new employment. But if staff resigns before the date stipulated in their retention contract, they may be obligated to return any benefits they received in relation to the agreement.
Consider asking for a higher retention bonus. The worst thing that can happen is your request is denied. I see no harm in accepting a retention bonus, even if you plan on leaving. Its taking a lot longer today to find work, so by the time you do, you may very well leave with a new job in hand and your retention bonus.
Just because you accept a retention bonus doesnt mean you cant look for another job. Worst-case scenario? You pay back the money. However, in most cases, the money isnt paid to you until youve completed your obligation, so paying back the money isnt usually an issue.
Retention bonus contracts are open to negotiation, and employees dont have to agree. For example, an employee can refuse a retention incentive because of its tax implications on their income tax.
In exchange, the retention agreement will require the employee to agree to remain with the employer for a certain period of time. If an employee leaves, depending on the circumstances and terms of the retention agreement, an employee may forfeit or have to return all or some of the benefits they received.

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