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Layoff before my incentive stock options vest?

I suspect I will be laid off a month before my iso stock options vest. Will I still be entitled to keep these pre-vested options should I be let go OR do I have the option to keep them after I leave? Please advise.

Public Comments

1. typically, this is 'worked out' when you are layed off. sometimes, they will allow you to keep them (and allow you to accrue vesting time). Let's say, it was a short term layoff and they planned to bring you back in 6 months or so. You would not loose vacation, your salary base, etc. However, if your layoff is permanent you will be required to do something with the options. In almost all plans, there are these contingency plans listed. You should have a set of the rules- you get a set every year you sign for new ones. there will be a set of rules stipulating what happens if you die (my case my wife has 90days after my death), if you retire, or if you quit. I have seen where people have been fired/layed off and there is an agreement made as a part of a severance package. So, read your rules, hope you're not being laid off, and negotiate your severance package well if you do.
2. Since you are so close to vesting, if they lay-off you, they are more than likely to vest you. Otherwise, they'd surely face a employment practice lawsuit (laying you off to avoid giving you your benefit.)