Flat-fee employment agreement drafting and review — for employers structuring offers and for employees reviewing offers received. Offer letters, executive employment agreements, restrictive covenants, equity provisions, and the terms that govern employment relationships.
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Employment agreements range from one-page offer letters to fifty-page executive contracts, but the legal architecture is recognizable across the spectrum. Standard provisions: position and reporting structure, compensation (base salary, bonus structure, equity, benefits), start date, term (often at-will, sometimes fixed-term with specific provisions), restrictive covenants (non-compete, non-solicit, non-disclosure), IP assignment, termination provisions (with cause, without cause, by employee, for good reason), severance triggers and amounts (if any), dispute resolution, and various boilerplate provisions. Different roles and seniority levels warrant different levels of contractual specificity — a senior executive offer typically warrants substantially more detail than a junior offer.
Most of our employment agreement work falls into a few patterns. Employer-side: drafting offer letters and employment agreements for new hires (particularly executive and senior-level hires where the terms warrant careful drafting), updating existing agreements as positions evolve, structuring restrictive covenant frameworks for the company, and addressing employment-related provisions in M&A transactions where the company is being acquired or making acquisitions. Employee-side: reviewing offer letters and employment agreements before signing — typically for executive and senior-level positions where the terms have substantial financial impact, but also for any role where specific provisions warrant attention. Both sides: structuring employment relationships where the parties want predictable terms (CEO of a startup signing an employment agreement that the company will hold itself to, founder agreements that include employment terms, etc.).
The work matches our flat-fee model — most employment agreements have defined scope and clear deliverables. Scope note: We handle drafting and review of agreements. We don't handle contested employment litigation (disputes over existing agreements where the parties are in active conflict); those matters typically require litigation counsel and operate differently.
The drafting starts with understanding the role and the business: who's being hired, for what, with what compensation and what authority, with what restrictions on competing work. Standard drafting: position description, compensation breakdown (base, bonus, equity vesting if applicable, benefits eligibility), start date and term structure (typically at-will), restrictive covenants tailored to the role's actual competitive impact, IP assignment from the employee to the company for work created in the scope of employment, confidentiality obligations, termination provisions, and dispute resolution. We adapt the standard provisions to the specific situation — a senior executive offer has more substantive provisions than a junior hire offer.
For employees reviewing offers before signing, the review identifies provisions worth negotiating. Common areas: compensation specifics (bonus structure transparency, equity grant terms, vesting acceleration provisions for various termination scenarios), restrictive covenants (scope, duration, geographic reach, definition of competitors), severance provisions (what events trigger severance, how much, in what form), good-reason resignation triggers (changes in role, compensation, location), IP carve-outs (for existing personal projects unrelated to the role), and termination provisions. Most employers expect negotiation on senior and executive offers; pushback on specific provisions is normal rather than offensive.
Executive employment agreements are more substantial than standard offers. Additional provisions: detailed equity vesting and acceleration (single-trigger and double-trigger acceleration on change of control, treatment of unvested equity on various termination scenarios), more comprehensive severance frameworks (severance multiples based on event type, COBRA continuation, equity acceleration), change-of-control provisions, expense reimbursement, indemnification, "key man" provisions (sometimes), and detailed restrictive covenant structures. Each provision warrants careful attention because the financial impact of executive agreements is substantial.
Non-compete, non-solicit, and non-disclosure provisions are common in employment agreements at all levels but warrant particular attention for senior roles. NY courts evaluate restrictive covenants carefully — overbroad provisions are unenforceable or partially enforceable, and the line between enforceable and unenforceable depends on the specific scope. For employers: drafting covenants that match actual competitive interest and are likely to be enforced. For employees: pushing back on overbroad covenants that would unduly restrict future career options. More on non-compete agreements →
Equity compensation (stock options, RSUs, restricted stock, profits interests for LLC equity, equity in private companies) requires careful provision drafting. Common issues: vesting schedules and acceleration triggers, exercise period provisions for options post-termination, tax treatment considerations, and (for private companies) provisions for what happens to equity on various exit scenarios. More on executive compensation →
Employment agreements typically include IP assignment from the employee to the company for work created in the scope of employment. The standard assignment language can sometimes be overbroad — claiming ownership of pre-existing personal projects, work done on personal time using personal resources, or independent projects unrelated to the company's business. Employees with existing personal projects should negotiate carve-outs; employers should draft assignment provisions that capture business work without overreaching into personal work.
Most NY employment is at-will (either party can terminate at any time, with or without cause), and employment agreements typically include at-will language. Fixed-term contracts (where the term is defined and termination requires cause or specific defined events) exist for specific senior roles, key executive positions, and some performer/talent contexts. Each structure has implications for severance, termination protections, and what each side commits to.
All work is flat-fee, set in writing before any work begins. Pricing scales with scope: standard offer letter review or drafting prices modestly; executive employment agreement drafting or review prices higher; comprehensive executive packages with substantial equity and severance provisions price as defined-scope project engagements.
For employers building out their employment agreement framework (template offer letters, executive agreement templates, restrictive covenant frameworks), we sometimes structure as a defined project covering all the documents needed. For ongoing employment-related needs, we coordinate with the firm's broader business practice.
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Often worth at least a review before signing, particularly for senior and executive roles. Even offer letters that look simple often have provisions worth negotiating: restrictive covenants that are broader than necessary, equity terms that warrant clarification, severance provisions that could be improved, or terms that don't match what was discussed orally during the interview process. Many candidates assume offer letters are non-negotiable; they typically aren't. The cost of review is small relative to the potential gains.
More than candidates often realize. Commonly negotiable for senior roles: equity grant amounts and vesting structure, acceleration provisions for various termination scenarios, severance amounts and triggers, good-reason resignation provisions, non-compete scope and duration, IP carve-outs for personal projects, expense reimbursement and benefits, and various other provisions. Less negotiable: company-wide compensation structures (salary bands), standard benefits structures, basic at-will employment framing. The specific negotiation potential depends on the role, the candidate's leverage, and the company's flexibility.
Depends on the role's seniority and what's in the letter. For senior, executive, and specialized roles where the offer includes substantial equity, complex compensation structures, restrictive covenants, or unusual provisions, attorney review is typically worthwhile. For straightforward junior offers without unusual provisions, the cost-benefit is less clear; many candidates choose to review themselves and ask specific questions. We're honest about whether review is worth the engagement for the specific situation.
Generally, yes — but you can build a system rather than drafting from scratch each time. Most employers benefit from having a few template categories: standard offer letter (for routine roles), enhanced offer letter (for senior individual contributors), executive employment agreement (for VP-level and above), and any role-specific variations (sales roles with commission structures, technical roles with specific IP provisions). We help employers build template systems they can use across hiring needs.
Depends on the role and the company. Most reasonable: a confidentiality provision protecting trade secrets and confidential information, an IP assignment for work created in the scope of employment, and a non-solicit provision preventing the employee from poaching the company's other employees for a defined period after leaving. More aggressive but sometimes appropriate: non-solicit of customers, particularly for sales and customer-facing roles. Often overbroad: non-compete provisions for junior employees or roles without genuine competitive risk. Restrictive covenant frameworks should match actual competitive interest rather than reflexively including the most aggressive language available.
Flat fee set in writing before any work begins. Pricing scales with complexity. Get a free quote in under an hour by submitting the contact form.
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