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Insights

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.

Exempt v. Nonexempt Employees: Main Differences Explained

Not all employees are treated the same under wage and hour laws. One of the biggest distinctions? Whether someone is exempt or nonexempt. Misclassification is a common startup mistake - with costly consequences.

Building Your Team Right: Effective Startup Onboarding Essentials

You’ve made your first hire - congrats! Now what? Onboarding isn’t just about handing over a laptop. It’s your chance to set expectations, build culture, and cover legal bases. Here’s how to do it right from day one.

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.

Equity

When should a startup use RSAs instead of RSUs?

RSAs are generally more effective for very early-stage startups with low valuations, since they allow employees and founders to lock in minimal tax liability through an 83(b) election.

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How do I know if I should file an 83(b)?

The best approach is to consult with a tax advisor. They will assess your grant type, company valuation, and personal tax situation.

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Is the 83(b) election always beneficial?

Not always. It only makes sense if the stock is likely to increase in value. If the company fails, you cannot recoup the taxes you paid upfront.

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Does an 83(b) election apply to stock options?

Yes, but only if you receive early-exercised options or restricted stock. Standard vested options are taxed differently.

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What happens if I miss the 30-day 83(b) deadline?

You lose the ability to elect early taxation and will be taxed on the value of your equity as it vests, potentially resulting in higher taxes.

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Do unusual stock structures affect fundraising?

Yes. Investors prefer simplicity and transparency. Complex or founder-heavy structures may deter investment unless clearly justified and carefully limited.

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Why are alchemy shares attractive to founders?

They allow founders to operate with common stock day-to-day but convert to preferred stock in financing rounds, often boosting liquidity and value.

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Are super voting shares common in startups?

They are less common today. While some successful companies used them, most venture capital investors resist super voting structures in early stages.

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What are founder preferred shares?

Founder preferred shares are special classes of stock designed to give founders either greater control (super voting shares) or financial flexibility (alchemy shares).

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Is par value required in every state?

Most states require corporations to specify a par value in their certificate of incorporation, though the exact rules vary.

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What happens if my company sets par value too high?

It could make early equity grants more expensive and limit flexibility in future financings. That’s why startups typically choose a very low number.

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Does par value affect what investors pay for shares?

No. Investors pay market value, not par value. Par value is simply a legal minimum and accounting mechanism.

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Why do most startups set such a low par value?

To allow founders and employees to receive stock at minimal cost while leaving room for significant increases in value during future fundraising rounds.

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What happens if founders disagree about equity distribution?

Open communication, clear documentation, and the guidance of legal or financial advisors can help resolve disputes. In many cases, accelerators or mentors recommend starting with an equal split and adjusting only when necessary.

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How do investors view founder equity splits?

Investors prefer balanced and fair structures that reflect commitment and discourage disputes. Unequal or poorly documented splits can raise red flags.

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