Irvine and Orange County Executive Employment Lawyer

Executives face high-stakes employment decisions with a lot of money on the line. Whether you are negotiating an employment agreement, facing termination, or being pushed out after an acquisition, our Orange County executive employment lawyers help you protect your compensation, equity and reputation.

On this page: How we help · Separation issues · Our approach · FAQ

Irvine and the surrounding Orange County business centers, including Newport Beach, Costa Mesa and the Spectrum, are home to corporate headquarters, private equity-backed companies, medical device and life sciences firms, financial services companies, real estate developers and fast-growing technology businesses. Senior employees at these companies often have complex compensation packages and contracts that require experienced counsel. Smith Trial Group, based in Newport Beach, represents executives, founders, physicians and senior professionals in Irvine and across Orange County. Attorney Cardon Smith spent years defending Fortune 500 companies in business litigation, so he knows how boards, general counsel and outside defense firms approach executive disputes.

How We Help Orange County Executives

Employment agreements and offer letters

Before you accept a role, we review and negotiate base salary, bonus structure, equity, severance triggers, the definitions of “cause” and “good reason,” change-in-control protection, indemnification and D&O coverage, arbitration provisions, and restrictive covenants.

Severance and separation negotiations

When an executive role ends, the separation agreement is usually the last opportunity to protect your interests. We negotiate severance pay, bonus and commission payout, equity treatment (accelerated vesting and extended exercise periods), COBRA coverage, the reference and announcement language, non-disparagement terms, and the scope of the release. See severance agreement review.

Equity and incentive compensation disputes

Disputes over unvested equity, profits interests, carried interest, earn-outs and bonuses often involve both employment law and contract law. See fired before your equity vested.

Discrimination, retaliation and whistleblower claims

Senior employees are protected by the same laws as everyone else. Age discrimination is a frequent issue in executive terminations, along with retaliation after raising compliance, accounting or safety concerns. See age discrimination, Orange County whistleblower lawyer and SOX whistleblower retaliation.

Restrictive covenants

California voids most employee non-compete agreements under Business and Professions Code 16600, and since 2024 California law makes them unenforceable against California employees even if signed elsewhere. There are narrow exceptions, including in connection with the sale of a business or a substantial ownership interest. Trade secret and confidentiality obligations still apply, and departures to competitors require careful planning.

Issues That Come Up in Executive Separations

• “Cause” versus “without cause.” The label affects severance, equity and sometimes clawbacks. Companies sometimes recharacterize a termination to avoid payments.
• Resignation for “good reason.” A material reduction in duties, pay or reporting line, or a forced relocation, may allow you to resign and still receive severance, but there is usually a strict notice and cure process.
• Change-in-control protection. Double-trigger severance and acceleration often apply after an acquisition. Timing and documentation matter.
• Bonuses and commissions. Whether a bonus was earned depends on the plan language and California wage law.
• Releases of age claims. For employees 40 and older, the federal Older Workers Benefit Protection Act generally requires 21 days to consider a release (45 days in group layoffs) and seven days to revoke it.
• Arbitration and confidentiality. We evaluate whether arbitration and confidentiality provisions are enforceable, including limits under California law on confidentiality for harassment and discrimination claims.

Our Approach

Executive matters usually resolve through negotiation, but negotiation works best when the company understands that you are prepared to litigate. We assess the strength of your legal claims, the company’s exposure and incentives, and the outcomes that matter most to you, then pursue the strategy that fits. Many clients prefer that we work behind the scenes. Orange County executive disputes that are litigated proceed in Orange County Superior Court, in arbitration, or in federal court in Santa Ana. See our main executive employment lawyer page.

Frequently Asked Questions

When should an executive hire an employment lawyer?

Ideally before signing an offer letter or employment agreement, and always before signing a separation agreement or release. Early advice preserves leverage and options.

Can I negotiate my severance package?

Usually, yes. Severance, equity treatment, bonus payout, benefits continuation, announcement language and the scope of the release are commonly negotiated, especially when there are potential legal claims.

Is my non-compete enforceable in California?

Most employee non-competes are void in California. Narrow exceptions apply, such as non-competes tied to the sale of a business. Confidentiality and trade secret obligations remain enforceable.

What does “good reason” mean in an employment agreement?

It is a contractual term that allows an executive to resign and still receive severance if the company materially changes the terms of employment, such as cutting pay or duties. Most agreements require written notice and an opportunity for the company to cure.

How long do I have to sign a severance agreement?

If you are 40 or older and the agreement releases age discrimination claims, federal law generally requires at least 21 days to consider it (45 days in a group program) and seven days to revoke after signing.

How do you charge for executive matters?

It depends on the matter. Contract review and negotiation are commonly handled on an hourly or flat fee basis, and claims for discrimination or retaliation may be handled on contingency. We discuss options in the free consultation.