Step · Defensible

The Retention Package X-Ray

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A retention package looks like an award. On paper, it is a contract. The dollar amount is the headline. The conditions are the price.

What this reveals. Five conditions to inspect: clawback triggers, cliff vs. graded vesting, tax treatment, forfeiture on departure, and non-compete linkage.

What it does not do. It does not interpret your specific package. Route to qualified employment counsel.

Question 01 of 05

What clawback triggers apply?

Standard SOX / Dodd-Frank only
Standard + restatements
Broad clawback covering performance misses
Discretionary clawback with subjective triggers
Question 02 of 05

What vesting structure is used?

Graded vesting over 2 to 3 years
Graded over 4+ years
Back-loaded cliff (majority at end)
Full cliff (0 until end)
Question 03 of 05

How is tax treatment addressed?

Gross-up covering tax burden
Best-net or partial gross-up
Employee bears full tax
Not addressed
Question 04 of 05

What forfeiture applies on voluntary departure?

Vested portion retained; unvested forfeited
Vested retained with restrictions
Some vested forfeited
All unvested + partial vested forfeited
Question 05 of 05

Is a non-compete tied to the package?

No non-compete tied to package
Standard non-compete, industry-limited
Broad non-compete, multi-industry
Aggressive non-compete + non-solicit + IP
Retention Package Risk Areas
0 of 5

conditions structured against the executive

Where the risks are
Clawback triggers-
Vesting structure-
Tax treatment-
Forfeiture on departure-
Non-compete linkage-

Assumptions used: your descriptions of each condition.

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This checklist counts the conditions you described that the tool rates unfavorable or aggressive, across clawback, vesting, tax, forfeiture, and non-compete terms. A flagged condition is a question to resolve. The tool models no dollar amounts. Whether a retention payment is yours to keep depends on the conditions attached to it.

Have qualified counsel and a tax adviser review the conditions before you sign. With the terms understood, Decision Desk™ can model the payout scenarios and prepare your position.

Clawbacks, repayment obligations, restrictions, and tax treatment are legal and tax questions. Take them to qualified counsel and a tax adviser. This tool does not answer them.

The date that matters is the response deadline. Reach the specialists ahead of it.

The Private Decision Review determines whether the Decision Desk™ is appropriate for the decision in front of you. The Decision Desk™ investment is $5,000, invoiced after acceptance. Nothing is charged for the Review, and submitting it creates no obligation on either side. You remain the decision-maker and negotiator. Request a Private Decision Review

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