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Employee Termination for Startups: What Founders Need to Know
Firing an employee is one of the most difficult parts of running a startup. Whether due to performance issues, role redundancy, or a strategic shift, termination is not only a business decision but also a legal one. If handled poorly, it can lead to lawsuits, damage team morale, and affect your ability to attract future hires.
Contractor or Employee? A Startup Founder's Decision Guide
Startups thrive on flexibility, and independent contractors often feel like the perfect solution. But the distinction between contractor and employee carries real legal weight. Get it wrong, and your company could face IRS audits, back taxes, wage penalties, and even personal liability.
FAQs
Open allIs acceleration always included in startup equity agreements?
Not always. While acceleration is common, especially at the executive level, it must be specifically negotiated and documented in the equity agreement.
Can acceleration apply to both founders and employees?
Yes. Founders, executives, and employees can all negotiate acceleration clauses, though terms often vary by role and seniority.
Why do investors prefer double trigger acceleration for founder and key employee equity compensation?
It ensures employees remain motivated and engaged after an acquisition, protecting company value and reducing turnover risk.
What is the difference between single trigger and double trigger acceleration?
Single trigger accelerates vesting upon one event, such as an acquisition, while double trigger requires both an acquisition and a termination without cause.
Do vesting schedules apply only to employees?
No. Vesting schedules can also apply to contractors, advisors, and executives who receive equity compensation under the company’s equity incentive plan.
Can vesting schedules be customized?
Yes. While time-based vesting is standard, many startups use performance-based or hybrid structures to align equity with specific goals or milestones.
Why do companies use a vesting cliff?
A cliff ensures employees demonstrate commitment and cultural fit before receiving ownership. It also protects the company from granting equity to short-term hires.
What is the most common vesting schedule for startups?
The standard structure is a four-year schedule with a one-year cliff, followed by monthly or quarterly vesting for the remaining equity.
When should I create an option pool?
Ideally at incorporation. Waiting too long can create dilution challenges and complicate negotiations with investors.
What types of equity can be granted under an EIP?
An EIP can include stock options, restricted stock, RSUs, and other equity-based awards, giving flexibility to tailor compensation.
Do all startups need an equity incentive plan?
Yes. Even small teams benefit from setting aside equity early. Without one, you risk complications in hiring, fundraising, and future compliance.
How large should my option pool be?
Most early-stage startups set aside 10–20% of total equity, but the right size depends on your growth plan, hiring needs, and investor input.