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Oct 8, 2024
12:58:38pm
Forzaitalia All-American
Archaea is spot on. The plan docs frequently have qualifiers about discretion of
the Board or CEO executive to not approve profit sharing, long-term incentive pay, bonuses, profit sharing, etc.

I'm assuming you don't have an employment contract detailing vesting rights of various compensation? Also look at your offer letter and promotion letter to see what was promised and under what conditions. Check to see if profit sharing was set up as an ERISA qualified plan.

Most larger companies have run the trap lines and carefully drafted their plan docs before they deny compensation benefits. As a generalization, some smaller companies can be surprisingly sloppy and arbitrary in granting and denying promised benefits, especially if the owner-founder of the company is still in control.

Good luck.
Forzaitalia
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Forzaitalia
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