zlacker

[return to "OpenAI departures: Why can’t former employees talk?"]
1. lopken+DC[view] [source] 2024-05-18 00:30:14
>>fnbr+(OP)
What a lot of people seem to be missing here is that RSUs are usually double-trigger for private companies. Vested shares are not yours. They are just an entitlement for you to be distributed common stock by the company. You don't own any real stock until those RSUs are released (typically from a liquidity event like an IPO).

Companies can cancel your vested equity for any reason. Read your employment contract carefully. For example, most RSU grants have a 7 year expiration. Even for shares that are vested, regardless of whether you leave the company or not, if 7 years have elapsed since they were granted, they are now worthless.

◧◩
2. onesoc+SR[view] [source] 2024-05-18 04:34:09
>>lopken+DC
The 7 year expiry time exists so IRS lets you give RSUs different tax treatment than regular stock. The idea is because they can expire, they could be worth nothing. And so the IRS cannot expect you to pay taxes on RSUs until the double-trigger event occurs.

But none of this means the company can just cancel your RSUs unless you agreed to them being cancelled for specific reason in your equity agreement. I have worked at several big pre-IPO companies that had big exits. I made sure there were no clawback clauses in the equity contract before accepting the offers.

[go to top]