Fired as enterprise AE after 45 days and having major problem negotiating severance.

Was fired without cause, notice or warning after 45 days as an enterprise AE at a startup. I've posted about it before -- there was no notice, PIP or even conversation about performance. In fact, all feedback I had received was positive.


At hiring they had agreed to pay me 100% OTE for the first 3-months as a ramp period. I was fired in the middle of the second month. In that month I had already earned approximately $5500 in commissions. Comp plan specified commissions to be paid at the end of each month.


Regardless, they offered me 2 weeks of salary (without variable comp) as severance. This agreement included a non-disparagement, a 2-year non-compete (I've been in the industry for 15 years) and a host of other concessions.


I refused to sign it and have informed them that I will not be returning any company property (Macbook Pro) until we have an agreement on updated terms. I've proposed they pay the remainder of the 3-month ramp. They have been quite aggressive in having their property returned and told me they will not negotiate the terms or package of the severance agreement until they have it. I don't believe them (and they have obviously not demonstrated any level of professionalism up until this point.)


I've informed them that I will never sign a non-compete and that a non-disparagement agreement is illegal, however, I would agree to refer to the time of employment as a "paid consultancy" and sign an NDA and agree to not mention the employment on any online forum in consideration for 3-months of salary + ramp. They reiterated that they will have no further communications until they receive property.


I return property, I give up my only chip. I tell them to get bent I give up the 2-weeks.


I'm not starving but I want to make them feel as much uncomfortableness as possible given how they've treated me.


What would Bravado do?

💰 Compensation
😤 Conflict Resolution
🤞 Negotiation
15
oldcloser
Arsonist
15
💀
The laptop play is petty. Get a lawyer to write a letter and send it back along with the computer. Legal fees for them are peanuts compared to paying what they owe you. If they believe you’re serious, you’ll get the money. Also, fuck them.
FinanceEngineer
Politicker
8
Sr Director, sales and partnerships
This. It’s a couple hundred of dollars for a demand letter. Also, if you file anything, it comes up against them in an negotiations. I would demand the full 3 months with OTE, and see what they come back with.
oldcloser
Arsonist
4
💀
☝️☝️☝️
BestCase
Valued Contributor
2
Account Executive
What are the grounds for the demand? It was at-will employment and afaik they can fire me for no reason with no repercussions. And don't need to pay any sevvy at all.
oldcloser
Arsonist
1
💀
Seems like there was a binding agreement up front. Depends on the state too. Need lawyer’s input for sure.
oldcloser
Arsonist
0
💀
Either way, startup has no in house legal. Good lawyer could scare them into paying. I don’t see the laptop turning into payment in full either way.
Sunbunny31
Politicker
2
Sr Sales Executive 🐰
Bingo. I often think people recommend lawyers too quickly, but they had a contract with you and they’re trying to stick you with illegal terms to boot. I’m going with the consensus. So sorry this happened.
FinanceEngineer
Politicker
1
Sr Director, sales and partnerships
If there was an guarantee on the ramp, it was probably ambiguous enough on the writing. Send the demand letter and they would have to pay more on fighting it than just paying. Remember, a severance package is nothing more than a settlement.
braintank
Politicker
3
Enterprise Account Executive
And if they come back with "fuck you give us our laptop and now you get nothing"?
FinanceEngineer
Politicker
2
Sr Director, sales and partnerships
You sue them…
braintank
Politicker
1
Enterprise Account Executive
For what?
0
Sales/Business Development
Agreed - This is a better play and even if it is not successful, it will become a matter of record as to how they conducted themselves and validate that, you were not at fault in any manner.
BestCase
Valued Contributor
1
Account Executive
Pretty much exactly what happened. I can sign and still get my 2-weeks but no negotiation on non-compete (2 years.) Lawyer'd up and he said I don't have any leverage except filing with the state employment board and the NLRB.
oldcloser
Arsonist
0
💀
been interested in this outcome... So, you get the sevvy, send back the laptop, make them miserable with a state problem. They'll have to respond.

As for the non-compete, do they even have the depth to chase you around to your next job? I've been through this and I've been swatted out of a gig. New company posted it everywhere. 2 weeks before enforcement happened. And the old company was dead serious. So, you've got to disclose the non compete to new potential employers or they'll set you loose for leading them into a tortious interference problem.

Thing is, tech is so niched these days. They can't keep you our of software sales. But they can keep you out of "pharma" per se if you choose to sell into the same vertical.

I ended up navigating around it by hopping from Automotive OEM MarTech into commercial fintech. Admittedly, it was easier to hop verticals at the time. Happy to share more if you like. Good luck!
BestCase
Valued Contributor
2
Account Executive
Lawyer gave me the same advice. No court or judge will enforce the non-compete but it will be a barrel of monkeys and could open up a future employer to expensive litigation. It does say in my agreement that an explicit release from non-compete would not be unreasonably withheld -- and my lawyer did glob on to that "unreasonable" term. But so far their response has been "you can sign and get your sevvy or you can kick rocks."

Old company has depth and has shown that they're back-handed in how they operate. I don't trust them and would not want to try to fight them as I don't know where they tip from "stubborn at any cost" to "financially savvy." They are resourceful and deep pocketed. But cheap.

I have the same thoughts of you from moving from eCommerce into anything else but thus far have been told during interviews "we think you are great but hired a candidate with more experience in this field." I'd prefer to get the hell out of dodge and find a spot with a little more gas being added to the fire -- but I do have the experience in my field to succeed.

There's also the opportunity to directly compete with my own tech (or with a previous employer.) In which case the non-compete is critical and may be worth a proactive lawsuit to establish it's invalidity.
oldcloser
Arsonist
1
💀
Yeah, there's bitches in the niches these days. Persevere, brother. You'll come out. Thing about 6 months later is it always comes.
CadenceCombat
Tycoon
5
Account Executive
This seems like good advice
Space_Ghost20
Valued Contributor
6
Account Executive
I've never been in this situation before, but at some point, would it not be cheaper for the company to just let you keep the equipment and not pay you a severance at all?
BestCase
Valued Contributor
2
Account Executive
Oh it's 100pct cheaper.
CPTAmerica
Opinionated
4
President/CRO
Looks like you're in MN. I don't know the laws there but your state of employment WILL matter.

I would cease all communication with them until you can speak to a good HR lawyer. Don't go at this alone. A consult with a legit firm shouldn't cost more than a few hundred dollars. Let them guide your next move.
HVACexpert
Politicker
3
sales engineer
Wow this blows.

Only play as others has mentioned is a lawyer, get their take on to see what play you have if any.

A strongly worded letter might scare them into submission.

Also, fuck these geeks.
CuriousFox
WR Officer
1
🦊
Major yikes here 👀
RandyLahey
Politicker
3
Account Manager
This is brutal. Do what closer said and get a lawyer to draft up a letter. Well worth the cost.

And do not under any circumstance return the laptop...
braintank
Politicker
2
Enterprise Account Executive
Know when to hold them and when to fold them.

You're at will. They want to pay you least amount possible.

You either get a laptop and legal threats from them or check for 2 weeks.

I don't think you have a case to demand more severance unless it was very specific.
Donutpanda
Executive
1
Enterprise Account Executive
Attorney with laptop sent back
Maximas
Tycoon
0
Senior Sales Executive
Totally agree,they have to be treated the same way they've treated you,I most probably would do the same as you're doing if I were you!
Thumbs Up.
detectivegibbles
Politicker
0
Sales Director
Sounds just like the start-up I was laid off from back in November '22.

Legit same type of ramp/commish structure.

Possible they use a 3rd party like Rippling who provides the computers if I'm not mistaken.

Honestly...talk to a lawyer and see what they recommend. It wasn't worth my time to try and get an extra $5000 taking over 3+ months.
Pachacuti
Politicker
0
They call me Daddy, Sales Daddy
I think you’re doing the right things based on the info provided, but if things get escalated they could go after you legally and that gets expensive, fast. So that’s something to think about.

Curious if you’re locked out of the laptop?

I think their next step will be to send you a legal letter. They know the non-compete probably won’t fly, but a non-disparage is actually very legal (it’s essentially a NDA). The legal letter will demand back their property. That’s it. And it won’t promise you any severance.

So what are your options? I would talk to an employment lawyer, or at least get some names for when they decide they’ve had enough of the back and forth and take things to the next level. I would also talk to any other reps in the same/similar situation.

Finally, decide on what you want and what you’ll settle for.
BestCase
Valued Contributor
0
Account Executive
Pachacuti
Politicker
0
They call me Daddy, Sales Daddy
Maybe. But I would still be very careful and it may vary based you where you live.
CRAG112
Valued Contributor
0
Account Executive
I think you are on the right track. Don’t cave. Also like the lawyer to send a letter option. They are just trying to berate and demean you in to caving in.
CRAG112
Valued Contributor
0
Account Executive
Reach out to Dan Goodman. He knows what’s up and can either help you direct or get you connected to a good person.
33
Members only

I was hired at a really good start up about 4 months ago for a SDR role that I was told I wouldn’t be in for very long. They’re gonna go public in the next year, but Zoom Info reached out to me about an Account exec position. Now I’m wondering if I should take the guaranteed route to AE or let my shares vest and get to AE at the place that took me. Usually I wouldn’t consider jumping so quickly, but AE is AE.

Question
30
stay or go
53% yes, start closing
47% no, dont be impatient
310 people voted
9

Is it possible for me to get another AE role with only 5 months of AE experience?

Question
10
17
Members only

Myth or Reality: BDR promotion to AE within 12 months

Discussion
25
BDR promotion to AE within 12 months
47% Myth
37% Reality
16% Other
104 people voted