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Re:Former Zoox employees sue, alleging rival offer was bette... by harikb on Friday August 21, 2020 @12:09AM (#24231875)
If they exercised their stock options before they left the company, they receive all details (including executive comp). But they wouldn’t know what the other offer was.

Btw this applies to those who are still employees too (if they explicitly bought vested options)

My advice to anyone joining a startup - if you have the negotiating power, insists that you must pre-exercise and purchase all options immediately when you start your job. You must put some money, but if you don’t believe in the company, why spent years there. Most companies don’t like this and their VC will object. This is why I said “if you feel you have the power to ask that”. If you can’t do that, exercise as soon as they vest

Edit: to clarify - this isn’t same as accelerated vesting. Vesting rules still apply - but you become a shareholder with appropriate rights.

Re:Former Zoox employees sue, alleging rival offer was bette... by kelnos on Friday August 21, 2020 @02:15AM (#24232496)
It's my understanding that early exercise is mainly only useful for tax purposes. You still won't be a shareholder until at least 1 share vests, which for a new employee, likely won't be for a year. Is that incorrect?
Re:Former Zoox employees sue, alleging rival offer was bette... by eanzenberg on Friday August 21, 2020 @02:59AM (#24232722)
Also, you’re prepurchashing common shares. These are only worth money if the sell price is over the valuation of the last raised round
Re:Former Zoox employees sue, alleging rival offer was bette... by chii on Friday August 21, 2020 @05:40AM (#24233455)
that's the risk of investing in equity. The employee needs to come to terms with it - there's no situation where this risk can be mitigated (without someone else taking a hit).
Re:Former Zoox employees sue, alleging rival offer was bette... by harikb on Friday August 21, 2020 @12:07PM (#24236056)
Yes, you are right about that. This situation is slightly better with AMT bracket moving up with Trump tax changes. But the basics still apply.

I corrected by saying "vesting rules still apply". But the tax consequence (AMT or otherwise) will discourage one to exercise as the estimated stock price becomes bigger and bigger as the company grows.

If you do month 1: Strike price = $1. Pre-exercise, file 83-b with tax. Pay 0 AMT. You quit after 2 years, get to keep half the shares, company might pay you back the principal for the lost half (yes, there is a risk there)

If you do this 2 year when you quit, may be perceived value of stock is $10. Now you out-of-pocket cost = $1 + AMT tax on (income + $9). Moreover, you probably hate the company when you leave, so even more unlikely you will want to buy your options. I have friends who have lost $100k+ with that attitude.

These days, AMT cut off is much higher, but this could apply to some of the valley's sought after engineers.

Re:Former Zoox employees sue, alleging rival offer was bette... by kelnos on Thursday September 03, 2020 @08:32AM (#24363345)
It does depend on the cash you have on hand, though. If you can afford to pay that AMT, you'll get most of it back in credits over the following years. But I suspect many people wouldn't be able to cover that tax bill without selling those shares that they can't sell.