I. Before You Accept Employment

A. Negotiate all the terms of your employment.
B. Always get the offer in writing.
C. If you are a C-level officer ask for an employment agreement so you can negotiate the terms of your employment. You should also do this if you are provided an offer letter or letter agreement.
D. Try and negotiate terms that are binding on the company and a successor if there is a Change in Control (“CIC”), particularly if you are a corporate officer. CIC terms are intended to provide levels of protection in case of an IPO, acquisition, merger or some other change in ownership.
E. Talk to someone who works at the company or has worked at the company to find out about the work environment and management, particularly people you will be working with and reporting to.
F. Be sure that you understand the representations that are being made to you about the job and that you re-confirm in writing those representations which are part of the offer or employment agreement. If there is an integration clause in the employment agreement and not all the representations that were made to you are included in the agreement, they will not be binding on your employer.
G. Get all the equity documents and understand how vesting works.
H. Ask for all company documents that you will be required to sign such as confidentiality, intellectual property and proprietary information agreements, employee handbook acknowledgements and unlawful harassment policies, arbitration agreement, non-compete agreement (illegal under California law), etc.
I. Make sure you understand what your privacy rights are and what the company has access to or wants you to permit them access to such as emails, social media, background checks, etc.
J. Do not misrepresent anything about yourself including past employment, education, or degrees, during interviews, in employment applications, etc.
K. Do not cancel previous health insurance until you are sure you are covered under your new employer’s policy.
L. The offer letter and/or employment agreement will govern your employment so make sure you understand all the terms of your employment. Be careful that you do not agree to restrictions post termination such as a non- compete and non-solicitation agreements.
M. Do not terminate current employment until you have an unconditional offer of employment that you have accepted.
N. Always best to get legal advice.

II. During Employment

A. Pay attention to company policies and practices.
B. Be careful when using email or accessing social media during employment from company computers and during work hours.
C. Review your personnel file at least once a year.
D. Respond in writing to performance reviews, performance improvement plans (PIP) particularly if you disagree with the review or reason for the PIP.
E. If you travel or incur business expenses, make sure you comply with the company’s expense reimbursement policy and submit your expenses promptly.
F. Be careful what you tell colleagues at work.
G. If you are a C-level officer you have a fiduciary duty to your employer. Be careful about looking for new employment, particularly with a competitor while you are still employed.
H. If the company changes the terms of your employment in any way, make sure you get that in writing. If you disagree, make sure you make that clear in writing.
I. Keep your performance at a high level and always work to improve your skills.
J. Find a mentor who can be your advocate, when necessary.
K. Volunteer to take on tasks.
L. There is no such thing as lifetime employment. Be ready to leave on your terms at the right time for a better opportunity. Most offer letters and employment agreements will say your employment is at-will, which means that either you or your employer can terminate your employment with or without notice, at any time, and for any reason or no reason at all.

III. On Your Way Out

A. Keep a chronology of events and documents if you believe your termination was based on suspect factors, as discrimination or are the subject of retaliation, for example.
B. If you feel that you are the victim of retaliation, make sure you file an internal complaint while you are still employed.
C. Check your emails and delete anything that is personal, although that will not be sufficient to delete those emails from the server.
D. Do not copy or download emails or company documents unless they are in your personnel file. Take notes of critical emails but copying and/or downloading can violate company policies. Check the company’s internet policy, etc.
E. Do not take any confidential, proprietary or trade secret information with you when you leave. All IP that you worked on, developed or had access to during your employment belongs to your employer and not to you. You can ask for it, but don’t take it.
F. Get a copy of your personnel file and your payroll records.
G. Have an exit interview and if you have complaints voice them before you leave and make sure HR documents them, which you should do as well.
H. Understand your benefits, especially your equity, and what happens upon termination or resignation.
I. Ask for severance if it isn’t a term in your offer letter or employment agreement.
J. Get your wages and PTO/vacation benefits paid on your last day. That’s the law in California.
K. If you are given a separation or severance agreement, make sure you review it carefully, ask questions and see an attorney before you sign it. You are signing away your legal rights, so make sure you understand the document. And always negotiate.
L. Be careful what you say about your former employer.
M. Get a reference that you can use for future employment.
N. Apply for unemployment benefits if you are terminated without cause. If you resign, you are not entitled to unemployment benefits unless you have facts indicating it was a forced resignation.