QUESTION

Options granted after vesting date with a ludicrous strike price?

Asked on Aug 15th, 2012 on Labor and Employment - Florida
More details to this question:
My wife works for a local startup software company. She was employee number two, and joined the company in April of '08. At that time, it was indicated that she was to receive 50,000 options, and would participate in the employee option plan (this is in her offer letter). She understood that the option plan vested those options in cliffs at 1/4 of the total annually. She was therefore entitled to exercise the first quarter of her options in April of '09. The company, however, didn't get around to actually issuing the option grant until Jan '10. There are numerous issues with this document:- The written terms in the option agreement and grant list the par value as $0.0001 .- The schedule A summary lists the par value as $0.11 (pretty big difference!).She spoke to a corporate accounting firm who stated that it is "legally troublesome" that the grant was issued AFTER the vesting date, and by such a wide margin. They recommended she contact an attorney about possible "false inducement" and other potential issues.My wife asked the company to provide a copy of her employment agreement outlining the amount of stock she was to receive and the vesting schedule. *They have no record of her ever having signed an employment agreement, and no copy of one (magically)*. The only thing in her file is an offer letter that defers the specifics of the option grant to "the employee stock option plan". The stock option plan document valid at the time of her hiring has no reference to strike prices or vesting schedules, instead referring employees to the option grant documents.My wife is separating from this company, and was told that the exercise price of the option is $0.11. It is our contention that:- The strike price of the options earned (so the first quarter of them) should be for *April '09 or before*, not Jan '10, as that was the first date she was entitled to exercise the first quarter of them. She was never given the option to accept it.
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1 ANSWER

Employment & Labor Attorney serving Weston, FL at Behren Law Firm
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You really need to speak with an attorney and go through these documents and facts in more detail.
Answered on Aug 27th, 2012 at 3:01 PM

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