Random Days on the Road
Wednesday, July 21, 2004
A day of negotiation
Sometimes, I get confused about what the purpose of high level administration. I guess, now, that negotiating exit strategies and settlements is part of it. So, in that case, yesterday was a productive day.
CEO and I started to discuss exit plans and coordination. I guess we're getting closer. She has demanded 1 year severance and 50% of value of company. I have rejected for numerous reasons - basically because while she is valuable, it's not just her.
I have proposed 2 month severance (this is a huge concession - I just want her out) and I'll pay for 2 months health insurance as well as 2 months car. (I don't know if I told her that yet). With car, I will help out with lease payments through the duration if her future company doesn't provide a car.
In terms of 50% of value, I just don't think that is fair. Numerous reasons - there is a premarital component which I will get anyway if the judge rules and I do nothing else. Also, I want to someday go back to how she acquired the shares. It is tenuous that my intent was for her to get the shares and keep them forever. The original agreement was that she must sell her shares back to me, which was found too "restraining" on the CEO by the small business certification board. We revoked that, but that was intent. I'm wondering if intent will come into play.
Someone just said to me that you get to be a lawyer by the end of the process. They are not kidding. I know more esoteric law than I need to know. I've been doing research on maintenance as well as child support. Because the marraige was under 7 years, as well as the CEO's age (32), I believe I have a good case to not have to pay maintenance. For those of you who read this who believe that she should and I'm being unfair - recognize she will walk away with 6 figures from the company. She also has been highly compensated over the last 5 years for her job (which *I* gave her). She also has more working years ahead of her than behind, and she should make plenty of money in that time with her skill set. She's also walking away with a whole bunch in a 401K which will be fully vested.
One of the other comments that we discussed was the sexual harrassment part of the case. She claims I knew about the affair, because she told me that she had kissed the boyfriend before he came on board. I said, but you kiss (another specific person) as well. It's how you relate to men. If I would have known that he was your lover, I would not have hired him. What's the difference? She said, then yes, you did not know until March. Then she said - I was sleeping with you while I was an employee. I said, different grounds. You were married to me. Not being married is entirely different. Even if I had suspicions, I had no proof until then. Thus, this kind of relationship does fall under laws that she does not want me to tackle. Even so, I'm preparing my case. She did admit that she does have an issue with sex - I'm awfully curious about that one.....but not with alcohol. Very interesting. I think both come into play here.
We also started discovery. There are a couple of people that I will want for a deposition. Including the CEO....
It's going to start getting interesting (and expensive).......
