← Back to workflows
Employment And Consulting

Employment Agreement for Executive

Drafting executive employment agreements manually requires hours of research across multiple legal resources, careful attention to state-specific requirements, and meticulous formatting of complex compensation and termination clauses. Attorneys must balance comprehensive protection with enforceability while ensuring compliance with evolving employment law standards.

Automation ROI

Time savings at a glance

Manual workflow6.5 hoursAverage time your team spends by hand
With CaseMark18 minutesDelivery time with CaseMark automation
EfficiencySave 22.5x time with CaseMark

The Problem

Drafting comprehensive executive employment agreements requires balancing complex compensation structures, jurisdiction-specific restrictive covenants, and sophisticated severance provisions—typically consuming 6-8 hours of attorney time. Missing critical provisions or using non-compliant non-compete language can expose clients to enforceability challenges and costly disputes.

The CaseMark Solution

CaseMark automates executive employment agreement drafting by extracting terms from your documents, researching jurisdiction-specific enforceability standards, and generating market-standard agreements with proper equity, severance, and restrictive covenant provisions. Produce polished, comprehensive executive contracts in under 20 minutes while ensuring compliance and protecting both parties' interests.

Key benefits

How CaseMark automations transform your workflow

Generate complete executive agreements in 12 minutes vs. 4+ hours manually

Automatically incorporate state-specific employment law requirements and enforceability standards

Ensure comprehensive coverage of compensation, equity, termination, and non-compete clauses

Access AI-verified legal language from trusted sources like LegalZoom and bar associations

Reduce drafting costs by up to 95% while maintaining professional quality

What you'll receive

Parties and Introduction
Position and Duties
Compensation and Benefits
Term and Termination
Confidentiality and Non-Compete
Governing Law and Dispute Resolution
Miscellaneous Provisions
Signatures

Document requirements

Required

  • Offer Letter or Term Sheet
  • Company Information

Optional

  • Job Description
  • Equity Plan Documents
  • Benefits Summary
  • Prior Agreement or Template
  • Negotiation Correspondence

Perfect for

Corporate attorneys drafting executive employment agreements
In-house counsel managing C-suite hiring and employment contracts
Transactional employment lawyers representing companies or executives
HR legal teams coordinating executive compensation packages
M&A attorneys handling management retention agreements
Startup lawyers structuring founder and executive employment terms

Also useful for

This workflow is applicable across multiple practice areas and use cases

M&A attorneys need to draft management retention agreements and employment contracts for key executives during acquisitions to ensure business continuity and prevent talent loss.

Executive employment agreements are critical transaction documents in M&A deals, particularly for retention of target company management and integration of leadership teams post-closing.

Startup and corporate formation attorneys must draft founder and executive employment agreements as part of initial company setup and C-suite hiring processes.

Employment agreements for founders and early executives are essential formation documents that establish compensation structures, equity arrangements, and protect company interests through non-compete and confidentiality provisions.

VC and PE attorneys need to structure executive employment agreements for portfolio company management teams, including equity compensation tied to investment milestones and exit events.

Private equity and venture capital transactions frequently require new or amended executive employment agreements to align management incentives with investor objectives and ensure proper governance structures.

Corporate governance attorneys draft and review executive employment agreements to ensure proper board oversight, compensation committee compliance, and alignment with corporate governance best practices.

Executive employment agreements are fundamental governance documents that define the relationship between the board and C-suite officers, requiring careful attention to fiduciary duties, compensation disclosure, and termination provisions.

Frequently asked questions

Q

How does CaseMark ensure non-compete agreements are enforceable in my jurisdiction?

A

CaseMark researches the specific enforceability standards for your governing law jurisdiction, including reasonableness requirements for duration, geographic scope, and activity restrictions. The system incorporates jurisdiction-specific limitations and includes reformation language where applicable. For states with strict restrictions like California, CaseMark adjusts provisions to focus on enforceable alternatives like non-solicitation and confidentiality covenants.

Q

Can CaseMark handle complex equity compensation structures with performance vesting?

A

Yes, CaseMark drafts comprehensive equity provisions including stock options, RSUs, and performance shares with multi-year vesting schedules, cliff periods, and acceleration triggers. The system extracts equity terms from your uploaded documents and generates provisions addressing change of control acceleration, termination treatment, and compliance with your equity incentive plan. All equity grants reference separate award agreements for detailed administration.

Q

What severance structures does CaseMark include for different termination scenarios?

A

CaseMark generates detailed severance provisions for each termination type: without Cause or for Good Reason (typically 12-24 months salary, pro-rated bonus, benefits continuation, equity acceleration), for Cause or voluntary resignation (accrued amounts only), and death or Disability (similar to without Cause). All severance is conditioned on release execution and restrictive covenant compliance, with proper Section 409A compliance for timing and payment structure.

Q

How does CaseMark handle Section 409A compliance for executive agreements?

A

CaseMark includes specific Section 409A compliance language stating the agreement's intent to comply with or qualify for exemption from Section 409A deferred compensation rules. The system incorporates six-month payment delays for specified employees of public companies, proper separation from service definitions, and compliant payment timing for severance and change of control benefits to avoid excise tax penalties.

Q

Can I customize the agreement for specific negotiated terms or industry requirements?

A

Absolutely. CaseMark extracts all negotiated terms from your uploaded correspondence and term sheets, incorporating special provisions like board seats, specific performance metrics, retention bonuses, or industry-specific duties. The AI-generated draft serves as a comprehensive foundation that you can further customize, with all factual elements sourced from your documents and legal provisions reflecting current best practices for your jurisdiction and industry.