Stock Options
Stock Option Agreement
Texas
Can a company revoke unvested stock options upon termination of employment?
I recently left my previous job and had unvested stock options as part of my compensation package. However, upon termination, the company informed me that they would be revoking all unvested stock options. I was under the impression that unvested options would still be available to me even after leaving the company, and I am now seeking legal advice to understand if the company's action is legally permissible or if I have any recourse to retain those unvested stock options.
Answers from 1 Lawyer
Answer
Stock Options
Texas
Darryl S.
ContractsCounsel verified
Generally when you leave a job you forfeit all rights to unvested stock options since those "vest" or "become yours" based on time worked at the company. If you have any stock options that have vested based on your work at the Company, those may or may not be forfeited depending upon what your Stock Option Agreement says. Please review that carefully or hire a lawyer to assist you to advise on next steps.
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Can you explain the vesting schedule and exercise period in a Stock Option Agreement?
I recently received a job offer from a startup company that includes stock options as part of my compensation package. The company provided me with a Stock Option Agreement, but I am uncertain about the details regarding the vesting schedule and exercise period. I would like to understand how these provisions work, as well as any potential implications they may have on my ability to exercise the options in the future.
Darryl S.
These are KEY TERMS of such an agreement that dictate how and when you can access and use the stock options granted to you. Here's a detailed explanation of each: VESTING SCHDULE - The vesting schedule defines when you earn the right to exercise your stock options. You don't typically receive the full option rights immediately; instead, they vest (become exercisable) over a period of time or upon achieving specific milestones. This structure incentivizes employees or stakeholders to remain with the company or contribute to its growth. Options often vest over 3-4 years with a one year cliff (meaning you must staying employed at least 12 months to earn anything and after they vest monthly or quarterly). EXERCISE PERIOD - The exercise period (also sometimes called the "option exercise window") is the time frame during which you can actually purchase (or "exercise") the shares after they have vested. If you don't exercise within this window, the options may expire. Typically, you have up to 10 years from the grant date to exercise vested options, as long as you're still employed. If you leave the company, you usually have a shorter window (e.g., 90 days) to exercise vested options. - Options that are not exercised before the expiration date become void.
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Hello! My company provide me a fixed amount ($10,000) of equity within 4 years, with 25% vested after 12 months and said "The options will have a “strike price” which is based on the market value of the Company at the time your options are issued to you." What does it mean? Will i need to pay the different price every year?
Michelle F.
Would really need to see the documents to properly answer this question. Is the value of the equity fixed at $10,000? Typically you get a number of shares that vest (become available to you) over x amount of time. The strike price is the amount you will pay to the company to exercise the option. (Disclaimer: This is not legal advice.)
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Stock option agreement and early exercise provisions?
I recently accepted a job offer from a company that includes stock options. I have been provided with a Stock Option Agreement, but I am unsure of the early exercise provisions and how they may affect my future rights as an employee. I am looking for guidance on the legal implications of early exercising my stock options.
Paul S.
It's very important to follow the process for exercising the options, to the letter. These are described in the stock option agreement. I've had someone reach out in the past, asking why their never got their stock options. When I asked how he exercised them, he said he sent a message over Slack, rather than following the proper process. If you aren't sure what to do, then you should have a lawyer go through the documents with you.
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I am an employee of a company that is planning to offer stock options as part of my compensation package. I am trying to understand what would happen if my company does a stock split. Would my stock options be affected by the split, and if so, how? I want to make sure I understand the implications of a stock split before I accept the stock options as part of my compensation.
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Good question! Typically, a stock split will result in an appropriate adjustment to an option award so that, after the adjustment, the option holder (you, in this case) is "made whole" -- that is, you are effectively in the same place economically (as far as this option is concerned) after the split with the option as you were before. If you look at your company's Stock Plan (the plan under which your options were authorized and granted to you), you will probably find a section called "Changes in Capitalization." (Or, you can search to document for the word "split" and may be able to find the governing provision that way.) The provision might be included in your Stock Option Agreement, but typically it is covered in the Plan. Anyway, the provision (wherever it is located in your documents) would normally say something along the lines of the following: "In the event of a stock split (and other events), the following will occur: (i) the numbers and class of shares covered by your option award, (ii) the exercise price per share of each outstanding option, and (iii) any applicable repurchase price per share issued under any option award, will be automatically proportionately adjusted in the event of a stock split (or other event)." (Usually the language is even more "legalesey" but that's pretty much the jist of it.) Of course, its impossible to say for sure in your situation (or in any other specific situation) without seeing the relevant documents and knowing all other relevant details, but that would be the typical approach.
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Thomas L.
You need to propose your changes to your employer.
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