Belmont, CA asked in Employment Law for California

Q: My employer repurchased 70% of my stocks when I left the company, can I get them back? They didnt tell me about clawback

I joined a pre-series A start up and was offered shares as part of the compensation with 4 year vesting. However, they 'forgot to' disclose the full terms or assigned any of the stocks when I joined them. They found out about this a year and half later and this is when I learned that they have the clawback clause in the stock agreements. At this point I was about to leave the company. When I left, they exercised their stock repurchase rights and took away about 70% of my vested shares. Do I have a legal right to my vested shares as they failed to disclose the clawback clause when I joined the company?

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: This is not the kind of question that can or should be answered in an on-line forum such as this. You need specific confidential advice from an attorney who can be allowed to review all of the documents and understand a great deal more about the situation. Locate and consult with an attorney who demonstrates to you a high level of competence with stock issuance and shareholder rights. Most general employment law attorneys are not going to fit that bill.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.