"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."
Zynga to employees: Give back our stock or you'll be fired
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Re: Zynga to employees: Give back our stock or you'll be fired
#32Any lawyers care to explain the legal possibility of keeping the stock after being fired?
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
#331. 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
#34With 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.
Re: Zynga to employees: Give back our stock or you'll be fired
#35Company 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.
Re: Zynga to employees: Give back our stock or you'll be fired
#36Re: Zynga to employees: Give back our stock or you'll be fired
#37Important 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.
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
#38With 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.
Re: Zynga to employees: Give back our stock or you'll be fired
#39Re: Zynga to employees: Give back our stock or you'll be fired
#40Important 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.