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Aug 6th, 2022
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How to Work in line 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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Retention bonuses can help establish a reliable group of employees during a challenging time for the company, such as a merger or a high production push. This, in turn, can increase overall profits as the company knows there will be people working.
If you had already planned on staying with the company for the duration of the retention agreement, accepting the bonus should be a no-brainer. It may even provide a degree of job security you didnt have before.
In essence, a retention agreement asks the employee to commit to stay for a certain amount of time, in exchange for compensation, e.g. cash and/or shares. It may also include agreeing to an extended notice period.
Reimbursement Agreement: Should a retention bonus be paid in periodic installment, an agreement may require the employee to repay or reimburse the company for previously received retention bonuses should the employee leave prior to the final payment.
If (a) you promise to, and do, remain as an employee for a certain, specified period of time, then (b) the employer promises to pay you a certain, specified sum of money. Retention agreements do not contain releases or waivers of claims. There is no reason for them to contain releases or waivers of claims.
Retention agreements are contracts that employers use to help convince employees to remain employed. They often include monetary benefits and incentives to keep employees from leaving their employer for a different job. Retention agreements may include: The payment of a bonus.
A retention works by holding onto or retaining a portion of the contract until the job is complete. Once the job is done and the individual that hired the contractor is satisfied, the contractor will receive the retained portion.
In essence, a retention agreement asks the employee to commit to stay for a certain amount of time, in exchange for compensation, e.g. cash and/or shares. It may also include agreeing to an extended notice period.

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