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Leaving a job can be a complex and emotional experience, but it's essential to understand what happens to your Employee Stock Purchase Plan (ESPP) during this time. You've invested your hard-earned money in your company's stock through your ESPP, but now you're wondering what will happen to your shares when you leave.
Your ESPP shares are typically vested, meaning you own them outright, but they may still be subject to a holding period before you can sell them. This holding period can range from 1-2 years, depending on your company's policy.
You'll need to review your ESPP agreement to understand the specifics of your plan, including any vesting periods or restrictions on selling your shares.
What Happens to ESPP When You Leave
If you leave your company while enrolled in their employee stock purchase plan, your eligibility for the plan ends, but you'll continue to own the stock the company purchased for you during employment.
The company will no longer purchase shares on your behalf after your termination date.
Any deductions the company made from your pay that have not yet been used to purchase company stock will be returned to you within a reasonable period.
This is standard practice, but some plans might allow the company to use those deductions to purchase shares on your behalf, no more than three months after your termination date, or up to 12 months if you're on disability.
It's worth noting that these plans are built to benefit current employees, not former employees, so this is not a common occurrence.
Employee Options Basics
Employee options can be a powerful tool for employees, but what happens to them when you leave your job? One key thing to know is that employee stock options are issued with an expiration date.
This expiration date is usually ten years from the grant date, but every plan is different, so it's essential to check your plan document for specific details. If you don't exercise your employee stock option by the expiration date, you'll lose the ability to exercise it, and you'll forfeit any embedded value.
You might be thinking, "But what about if I leave my job voluntarily?" If that's the case, you generally have up to 3 months or 90 days from your termination date to exercise your vested options. This is according to the plan document, which may give you a shorter or longer exercise period.
Here's a breakdown of the post-termination exercise periods for employee stock options:
- If your original expiration date is after you terminate your employment but prior to the end of the 90-day post-termination exercise window, you'll need to exercise by that original expiration date.
- If your company gives you one year from termination to exercise your incentive stock options, you'll need to exercise them within the 90-day post-termination period to retain their status as incentive stock options.
It's worth noting that incentive stock options have a 90-day post-termination exercise period, which is stipulated by the IRS. This means that you have up to 90 days after termination to exercise vested stock options to avoid specific tax implications.
Remember, every plan is different, so it's crucial to check your plan document to understand your specific post-termination exercise periods.
Understanding Your Options Before Leaving Your Company
You have a crucial decision to make when leaving your company: what happens to your employee stock options. Employee stock options are issued with an expiration date, which is often ten years from the grant date, but can vary depending on your plan document.
Your right to exercise your options may change as your employment status changes. If you're terminating your employment, you'll need to exercise your options by the earlier of the stated expiration date or the new expiration period set in the plan document for a terminated employee.
Change in employment status can be segmented into several categories: termination by choice, termination by disability, and termination by death. Your plan document should help you determine what your post-termination expiration provisions are once you know the circumstances around your departure.
If you leave your company, unvested options remain unvested in many cases. This means the in-the-money value of unvested options is forfeited, which can have a significant impact on your net-worth statement.
To illustrate the potential loss of value, let's consider an example. If you have 10,000 unvested options with an exercise price of $3.00 and a fair market value of $25.00, you'll forfeit $220,000 if you leave the company before the options vest.
Your plan document should detail the post-termination exercise window, which is usually 90 days after termination. However, every individual plan agreement differs, and yours may give you more time. It's essential to be mindful that the IRS stipulates holders of ISOs have up to 90 days to exercise vested stock options to avoid specific tax implications.
Here are some key dates to keep in mind:
- Expiration date: usually ten years from the grant date, but can vary depending on your plan document
- Post-termination exercise window: usually 90 days after termination, but can vary depending on your plan document
- Timeline until unvested shares vest: can vary depending on your plan document
Types of Options
When you leave a company, you may be faced with a decision about your stock options. Incentive stock options (ISOs) are a type of option that allows you to purchase shares at a set price.
You typically have 90 days after termination to exercise your ISOs, but this timeframe can vary depending on your individual plan agreement. This is because every plan is different.
If you hold ISOs, the IRS requires you to exercise vested options within 90 days to avoid specific tax implications.
Restricted Units
Restricted Stock Units (RSUs) are a way your employer can grant you company shares, but with conditions. The grant is “restricted” because it is subject to a vesting schedule, which can rely on several variables, including the length of your employment or performance goals.
If you’re laid off with unvested RSUs, you usually lose the right to receive those company shares. Most unvested RSUs are returned to the employer.
The timeline until your RSUs vest is also important. For example, if you have a vesting schedule that includes a performance goal, you may not vest until that goal is met.
Here's an example of how RSUs can impact your financial planning:
In this scenario, if you leave your job and the RSUs in Grant 3 are unvested, you will lose the right to receive those company shares.
Frequently Asked Questions
Can I cash out my ESPP?
Yes, you can cash out your ESPP, but you'll need to notify your plan administrator and complete any required paperwork.
Sources
- https://eac.schwab.com/equity101/espp
- https://maaplanning.com/tricks-of-the-trade/employee-stock-purchase-programs-espp
- https://zajacgrp.com/insights/what-happens-to-your-employee-stock-options-when-you-leave-your-company/
- https://smitheylaw.com/what-happens-to-equity-when-you-leave-a-company/
- https://fairmark.com/compensation-stock-options/employee-stock-purchase-plans/dispositions-of-espp-stock/
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