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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.

Yes. Many startups issue ISOs to employees and NSOs to contractors, advisors, or employees exceeding ISO limits.

Not entirely. While ISOs aren’t subject to ordinary income tax at exercise, they can trigger Alternative Minimum Tax (AMT).

NSOs provide flexibility, fewer restrictions, and tax deductions for the company. They’re also the only option for contractors, advisors, directors, and international hires.

ISOs qualify for favorable tax treatment but can only be granted to employees, while NSOs are more flexible and can be granted to a broader range of contributors.

An 83(b) election allows employees with early-exercised options to pay taxes at grant, potentially reducing future tax liability if the stock increases in value.

Yes, but typically only within 90 days unless your company offers an extended exercise window. Check your grant agreement.

No. Stock options only create value if the company’s market value exceeds the strike price. Many startup options expire worthless.

ISOs offer potential tax advantages but are only for employees, while NSOs are more flexible but taxed as ordinary income at exercise.

Most warrants have terms ranging from 1–10 years, depending on whether they’re tied to debt financing, partnerships, or strategic transactions.

Warrants allow companies to attract investors or lenders by offering future upside without immediate ownership transfer or dilution.

Yes. If exercised, warrants increase the total number of outstanding shares, which dilutes existing shareholders’ ownership percentages.

Warrants are typically issued to investors or lenders as part of financing deals, while stock options are usually granted to employees as compensation.

Preferred stock often includes conversion rights, especially during IPOs or acquisitions, allowing investors to switch to common stock if it provides better returns.

In most startups, founders hold common stock. However, in some cases founders may negotiate preferred terms to align with early investors.

Preferred stock reduces investor risk by guaranteeing certain returns and giving them priority over common stockholders in liquidation or acquisition events.

Common stock represents basic ownership with voting rights but no guarantees, while preferred stock provides investors with priority in dividends and liquidation.

Dilution is part of the growth journey. A smaller slice of a much bigger company can be worth far more than a larger slice of a small company.

Yes. Employee stockholders are diluted just like founders and investors when new shares are issued.

By carefully planning equity allocations, using vesting schedules, and reviewing the cap table regularly, founders can manage dilution strategically.

No. While ownership percentages decrease, the value of your shares may grow if the company’s valuation increases after a funding round.

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