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Zynga to employees: Give back our stock or you'll be fired

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31–40 of 383 posts

Re: Zynga to employees: Give back our stock or you'll be fired

#31

"Although Zynga's decision might be met with some criticism, the firm's executives reportedly justified their strategy by saying it was best for the company. With the unvested shares, the executives believed they could attract more top talent with the promise of stock."

And now we know what a promise from Zynga is worth. It's hard to see a bet that won't be permitted to pay off as anything other than a way to lure and then defraud employees. I think it's time to start insisting on accelerated vesting if you want anyone to take your option offer seriously.

Re: Zynga to employees: Give back our stock or you'll be fired

#32

Any lawyers care to explain the legal possibility of keeping the stock after being fired?

IANAL.

They are talking about unvested shares. The employees do not own them or have a right to exercise them yet. Every standard contract I've ever seen also includes a clause that shares stop vesting upon employment termination for any reason.

So, they are basically saying "give up unvested shares, or else we'll make you give them up by firing you".

Re: Zynga to employees: Give back our stock or you'll be fired

#33
Sometimes you just have to sue to enforce a contract and your rights. Many employees either don't realize this or they don't have the stomach for it. If you find yourself in this position, my advice is to play the game and see it through.

1. Don't resign, don't capitulate and hire a good lawyer immediately. If you don't have the cashflow, but are defending a huge pile of stock about to IPO you'll probably find a lawyer that will defer payment.

2. Start documenting everything including making timestamped notes of what was said to you verbally.

Then play it out. Read all documentation the company has given you and fully understand it. They usually have to fire you for cause for you to lose your options, so figure out what the angle is they're using and make sure they don't have cause. Be 100% professional and non-confrontational, but ask the hard questions when you need to. DO NOT treat the company's staff (including your boss) or their legal team as your own legal counsel. They will try to give you "good advice" or intimidate you. They will claim things are "standard". Get your own info and use your own lawyer.

Often simply retaining counsel lets the opposing team know you're serious and professional, and worst case it will up any settlement.

PS: I'm an exec, not an employee, so technically I'm the guy on the other side of the org chart that Micah (see below) is describing. But assuming the report is accurate, this is unacceptable behavior and I'd like to see more employees who take a risk on startups getting what they deserve and enforcing their rights.

Re: Zynga to employees: Give back our stock or you'll be fired

#34

With the unvested shares, the executives believed they could attract more top talent with the promise of stock. Not anymore they won't.

The new hires will just need 'no takebacks' written into their contracts.

The only way that happens is if they're hired with vested stock, which is just not going to happen.

Re: Zynga to employees: Give back our stock or you'll be fired

#35

Company stock is basically ownership, and there's a dollar value attached to it. So is does Zynga's request run into the practice of extortion? It's another way of saying, give us your money or else something bad will happen.

CA law provides for at will employment but if the original option was not contingent on specific performance beyond what is needed to continue as an employee, and they are willing for the employee to continue working there provided they surrender their stock they may be in more of a gray area. It's in the nature of a targeted pay cut but it doesn't seem to involve a demotion or change in position, they are effectively approach certain employees and telling them, "we are paying you too much, accept a reduction in your total compensation or we will terminate you."

Re: Zynga to employees: Give back our stock or you'll be fired

#36
it shows how greedy people can be. i cannot think of anything like this can be done by a tech company. bunch of douche bag. how the hell are going to decide what contribution is important or which one is not? This is pure greed man... I am posting this in FB let Zynga games go to hell..

Re: Zynga to employees: Give back our stock or you'll be fired

#37

Important to note this applies only to unvested stock. I'm not defending the move, but in reality the company could terminate the employees (at-will employment in California), which would terminate their further vesting anyways. This is not the clawback scenario that Silver Lake executed with Skype.

Terminating employees only to avoid their stock vesting - as opposed to valid performance reasons - is just as scummy.

I also can't see how employees who give up their stock and remain with the company can possibly have a healthy relationship moving forward.

Re: Zynga to employees: Give back our stock or you'll be fired

#38

With the unvested shares, the executives believed they could attract more top talent with the promise of stock. Not anymore they won't.

The new hires will just need 'no takebacks' written into their contracts.

But still then mark pincus would find another way to cheat his developers. The only way to deal with little lucifers like this is to completely avoid and ignore them.

http://en.m.wikipedia.org/wiki/Mark_Pincus

Re: Zynga to employees: Give back our stock or you'll be fired

#39

With the unvested shares, the executives believed they could attract more top talent with the promise of stock. Not anymore they won't.

The new hires will just need 'no takebacks' written into their contracts.

They would also have to remember to put "no callbacks times infinity".

Re: Zynga to employees: Give back our stock or you'll be fired

#40

Important to note this applies only to unvested stock. I'm not defending the move, but in reality the company could terminate the employees (at-will employment in California), which would terminate their further vesting anyways. This is not the clawback scenario that Silver Lake executed with Skype.

Even if at-will employment, wouldn't such a threat possibly still be grounds for unlawful termination?
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