If you’re beginning to consider a move in your career, I encourage you to take a read through your current employment contract and refresh yourself on the details. A good recruiter will ask you questions relating to them prior to putting you forward for a process to ensure no surprises, and we’re all in the know about any potential restrictions or obligations you have.
Besides, you always want to leave in the best way possible, giving you and your employer as much opportunity to navigate the change as smoothly as possible.
Here’s a checklist of the details to familiarise yourself with:
Reviewing Your Current Contract
Notice Period / Garden Leave
- How much notice you are required to give ahead of terminating your employment.
- Understand if there are garden leave provisions requiring you to stay away from work during your notice period whilst being employed and paid.
Clawbacks or Conditions
- Performance-Based Bonuses: Check if there are conditions requiring repayment if you leave shortly after receiving them.
- Sign-On Bonuses: Understand the repayment terms if you leave within a specified period.
- Relocation Packages: Review any conditions requiring you to repay relocation expenses.
- Training & Qualification Costs: Determine if you must repay the company for training or education costs if you leave.
- Visa Applications: Check for any conditions related to company-sponsored visa applications if applicable.
- Retention Bonuses: Understand the terms that could require repayment of any retention bonuses received.
Non-Compete Clause / Non-Solicitation Clause
- Review the terms of any non-compete clauses that restrict your ability to work for competitors or start a similar business. This is a particularly important clause to be familiar with and often best for you to consult an employment contract lawyer. Many non-competes are particularly broad and unlikely to be enforceable, but can often appear heavily restrictive.
- Understand non-solicitation clauses that prevent you from poaching your current or previous employer’s clients, employees, or business contacts.
Treatment of Vested or Unvested Carried Interest, Stock Options, Shares
- Check the terms regarding the treatment of vested and unvested carried interest, stock options, and shares upon departure. Often private equity funds will take into consideration the circumstances of your leaving, and what opportunities you are leaving for, to determine whether you are considered a “good” or “bad” leaver. This will likely impact the terms you agree/negotiate.
Reviewing Your New Contract
When evaluating your new employment contract, consider the same elements above but you’ll also want to have confirmation and awareness of additional benefits and terms. Note that most private equity funds will not mention or include carried interest directly in their employment contracts. Here’s a checklist to guide you:
- Base Compensation: Confirm the amount, currency, and frequency of payments.
- Starting Date: Clarify the start date for your new role, which is often negotiable.
- Probation Period: Understand the length and conditions of any probation period.
- Bonuses: Review the structure and conditions for various bonuses, including performance, sign-on, relocation, and retention bonuses.
- Stock Grant, Equity Options: Understand the terms of any stock grants or equity options.
- Carried Interest: Note that carried interest is often not included in the employment contract but may be discussed separately.
- Notice Period Requirements: Clarify the notice period required by your new employer. You’re hopefully not planning your exit, but it’s wise to be clear on the details regardless.
- Relocation Allowance and/or Temporary Accommodation: Check if the company offers relocation allowances or temporary accommodation support.
- Benefits Package: Other benefits that might be offered by your new employer and demonstrated in your new employment contract include:
- Pension contributions
- Private health insurance
- Professional Education Development
- Charity matching
- Holiday allowance
- Gym/Wellness Allowance