Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Employment, Labour, & Human Rights

Executive Compensation

Executive Compensation is a specialized area of employment and business law dealing with the pay, bonuses, and perquisites provided to executives and managers. These perks go above and beyond standard compensation packages, and, as a result, come with nuanced legal implications. Companies rely on carefully worded contracts that attempt to strike a balance between providing incentives to executives to perform at their very best, while protecting the company from liability if the executive is terminated or resigns.

Executive Compensation requires a particular level of expertise, not only with respect to employment law, but corporate governance, shares, pensions, and benefits. On their face, these contracts can appear generous, but attention must be paid to the fine print. This is especially the case where an executive receives compensation from multiple sources, such as a share purchase agreement, in addition to an employment contract.

Companies balance the objectives of designing compensation plans that are attractive to candidates while, at the same time, aligning executive and corporate interests. They also need to remain compliant with government regulation and the intricacies of employment law generally.

Prior to entering an employment relationship, and upon any potential termination, Executive Compensation packages require a thorough, line by line, analysis by counsel who are knowledgeable in the various legal risks for both the executive at issue and the employing company. If these careful steps are not taken, the company at issue could face significant costs from ensuing litigation. Additionally, upon termination, the executive is often bound to strict confidentiality and fiduciary requirements.

At Mann Lawyers we are able to engage in sensitive compensation negotiations while avoiding adversarial conflicts. Areas in which we are able to advise include:

– Claw-backs
– Public disclosure
– Long-term incentive plans
– Cliff vesting
– Restricted Share Units
– Non-competition and non-solicitation clauses
– Golden handcuffs
– ESA termination clauses
– Shareholder Agreements
– Fiduciary Obligations

The team at Mann Lawyers LLP, comprised of corporate, transactional, and litigation lawyers, is well-placed to assist executives at any stage in their career.

Connect with our Team

Offices in Ottawa and Perth     (613) 722-1500

Related Service Areas

Collective Bargaining
Employment & Labour Legislation
Employment Management Advice
Human Rights
Leaves Of Absence
Policies And Procedures
Professional Responsibility
Sale Of Business
Termination Of Employment
Tribunal, Arbitration, & Hearings
Union Certification & Decertification
Workplace Harassment & Violence

More Resources

Blog |
Business Law

Posted September 25, 2023

This is the second blog addressing the new requirement for private Ontario corporations to maintain a register of individuals with significant control over the corporation[...]
Blog |
Estate Litigation

Posted September 11, 2023

Losing a loved one is never easy and dealing with the administration of their estate can be a challenging and complex process, no matter the[...]
Blog |
Construction Law

Posted September 7, 2023

As detailed in another post, Ontario’s Construction Act creates a scheme for the quick resolution of construction disputes via an “interim adjudication”. However, there has[...]
Blog |
Commercial Litigation

Posted August 29, 2023

Specific performance refers to the Court-ordered remedy that the parties must proceed with completing a real estate transaction. The recent Court of Appeal decision of[...]
Blog |
Estate Litigation

Posted August 22, 2023

A will is a legal document that outlines a testator’s wishes for the distribution of their property after they die. Section 4(2) of the Succession[...]
Blog |
Business Law

Posted August 15, 2023

Throughout their small business journey, sole proprietors need to wear a wide variety of hats. On any given day, they can be all at once[...]

Subscribe to Our Newsletter

"*" indicates required fields

This field is for validation purposes and should be left unchanged.