The Law Entrepreneur

312. Negotiating Your Own Professional Prenuptial Agreement with Jotham Stein

Apr 11, 2022
Jotham Stein, a California employment lawyer and author of Negotiate Like a CEO, explains how to treat offer letters like professional prenups. He discusses spotting PIPs as warning signs, negotiating severance and vesting protections, and when to push for separation agreements. Short, practical conversations about leverage, red flags, and protecting your career.
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ANECDOTE

How An Accidental Ad Built A Niche Practice

  • Jotham Stein described how he accidentally built an employment-focused practice after starting as a litigator and placing an ad in a Silicon Valley magazine.
  • The ad attracted executives afraid to discuss bad employment outcomes and launched a 25+ year practice serving entrepreneurs and C-suite clients.
INSIGHT

Offer Letters As Professional Prenuptials

  • A professional prenuptial agreement is the metaphor Jotham uses for using an offer letter to protect your employment future.
  • It can be a one-line clause in an offer letter or a full employment agreement depending on career stage and leverage.
INSIGHT

PIPs Often Signal Imminent Termination

  • Performance improvement plans (PIPs) are often legal cover rather than genuine help, and in many companies they function as a path to force employees out.
  • PIPs list many subjective failures over 30–90 days, making success unlikely and insulating companies from wrongful termination claims.
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