Executives and senior professionals face employment decisions that rarely fit a standard template. A new employment offer, compensation package, severance agreement, non-compete, or leadership dispute can affect your income, reputation, mobility, and career trajectory for years. These matters require discreet, strategic, and experienced legal counsel.
Executive employment counseling is proactive, confidential legal advice tailored to the risks and opportunities associated with senior-level positions. The goal is not simply to respond after a dispute arises, but to identify potential problems, strengthen negotiating leverage, and protect your interests before you sign an agreement, accept a new role, resign, or enter into a conflict with your employer.
At Amanda L. Biondolino, PLLC, we advise executives and senior professionals on employment agreements, compensation and incentive arrangements, severance packages, restrictive covenants, workplace investigations, leadership transitions, and negotiated departures. Each matter is approached with careful attention to both the legal terms and the broader professional and business consequences.
Whether you are evaluating an offer, negotiating an exit, or facing a dispute that could affect your future opportunities, informed legal advice can help you avoid costly mistakes and make decisions with greater clarity and confidence.
Contract and Compensation Review
An executive employment agreement is rarely a straightforward document. Base salary, bonus structure, equity grants and vesting schedules, benefits, restrictive covenants and termination provisions can significantly affect your total compensation and future opportunities if the relationship ends. Before you sign a new offer or amendment, a careful legal review can identify missing protections, hidden risks, unfavorable terms, and opportunities to negotiate better provisions.
Exit and Severance Negotiation
Leaving an executive role, regardless of whether it is by choice, mutual agreement, or termination, often comes with a separation or severance agreement that is presented as final. In many cases, however, the terms are negotiable.
Negotiations may address severance pay, continued benefits, bonus eligibility, the treatment of vested and unvested equity, references, non-disparagement and confidentiality provisions, restrictive covenants, and the scope of the release you are being asked to sign. Counsel can evaluate the legal and financial consequences of the proposed agreement, identify potential leverage, and negotiate more favorable terms before you waive valuable rights.
Non-Compete and Restrictive Covenant Counsel
Non-compete, non-solicitation and confidentiality agreements, and any type of restrictive covenants, can significantly limit your ability to accept a new position, work with former clients, recruit colleagues, or pursue business opportunities after your employment ends.
Under Florida Statute § 542.335, a restrictive covenant may be enforced when it is reasonably limited in duration, geographic reach, and scope and is supported by a legitimate business interest. Florida’s new CHOICE Act further created a separate and particularly employer-friendly framework for certain highly compensated employees. Qualifying agreements may impose non-compete periods or garden-leave obligations of up to four years and may provide employers with powerful injunctive remedies against departing employees.
Whether you are considering a new agreement, preparing to leave your employer, or responding to a threatened enforcement action, we can evaluate the agreement’s scope and enforceability, identify potential defenses, assess the practical risk of litigation, and help you negotiate terms that better protect your career and future opportunities.
Confidential Strategic Advising
Executives often need a trusted legal adviser before a workplace issue becomes a formal dispute. An internal investigation, leadership transition, board conflict, performance concern, or breakdown in a key professional relationship can create significant legal, financial, and reputational risk.
Confidential strategic advising provides a privileged setting to assess the situation candidly, understand your rights and obligations, evaluate potential consequences, and develop a deliberate course of action. Early legal guidance can help you preserve leverage, avoid unnecessary escalation, and make informed decisions before communicating with your employer, the board, colleagues, or other stakeholders..
Frequently Asked Questions
What is employment executive counselling?
Executive employment counselling is confidential legal advising for senior leaders, officers, and other high-level employees on the issues unique to their roles, including contract negotiation, compensation structuring, severance and exit terms, and restrictive covenants such as non-compete agreements.
Who benefits from executive employment counselling services?
Executive employment counselling is designed for C-suite officers, vice presidents, physicians, in-house counsel, and other senior or highly compensated professionals who face higher stakes, more complex agreements, and greater exposure than a typical employee.
What should I look for in an executive employment contract?
An executive employment contract should be reviewed as a complete risk-and-compensation package. Key terms include base compensation, bonus eligibility and performance criteria, equity awards and vesting, benefits, job duties and reporting relationships, termination rights, cure provisions, severance triggers, change-in-control protections, restrictive covenants, confidentiality obligations, indemnification, and dispute-resolution provisions.
The most important question is often what happens if the relationship ends earlier than expected. An attorney can identify ambiguous language, one-sided provisions, missing protections, and opportunities to negotiate stronger terms before you sign.
How can I negotiate a better severance package?
Severance packages are often negotiable, particularly around severance pay, benefits continuation, and the scope of any release or non-disparagement language. Legal counsel can help you evaluate an offer and negotiate improved terms before you sign a separation agreement.
Are non-compete agreements enforceable against executives in Florida?
Florida non-compete agreements are generally enforceable if they are reasonable in time, geographic area, and scope, and are supported by a legitimate business interest under Section 542.335 of the Florida Statutes. Florida’s CHOICE Act also allows covered non-compete and garden leave agreements of up to four years for certain high-earning employees, with specific notice requirements employers must satisfy for the agreement to be enforceable.
Is executive counselling confidential?
Yes. Executive counselling engagements are protected by attorney-client privilege and handled with discretion.
When should I consult an executive employment counselling attorney?
The best time to consult an executive employment attorney is before you sign, resign, respond, or negotiate. This includes before accepting an offer or signing an employment agreement, amendment, non-compete, or garden-leave agreement; when negotiating severance or planning a departure; and as soon as you learn of a potential investigation, restructuring, leadership change, or workplace dispute.
Early legal advice can help you understand your obligations, preserve your rights and negotiating leverage, and avoid decisions or communications that may limit your options later.
How is executive employment counselling different from traditional employment litigation?
Executive employment counseling is generally proactive and strategic. It focuses on reviewing and negotiating agreements, assessing risk, preserving leverage, and helping executives make informed decisions before a workplace issue becomes a formal dispute.
Employment litigation, by contrast, usually begins after an alleged legal violation has occurred, such as discrimination, retaliation, breach of contract, or unpaid compensation. Although some executive matters require litigation, many can be addressed through confidential advice, careful planning, and negotiated resolution without filing a lawsuit.
If you are evaluating an executive contract, planning an exit, facing a restrictive covenant, or dealing with a sensitive workplace issue, Amanda L. Biondolino, PLLC can help you understand your rights, risks, and available options.
