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I left the company I worked for a month ago. I had a bunch of RSU (restricted stock units) due to vest after my final date of employment. I would have assumed I lose any un-vested stock including options and RSUs, but the RSUs vested. Some were sold automatically before the stock was "released" (I presume to pay the taxes owed since it's not a tax deferred program). Now, the remaining are available to sell and I'm hesitant...

I'm concerned that if I sell these shares, I might owe them back somehow (ie. it was a mistake). The separation agreement concerning stock is both vague and poorly written. What is specific seems like it was written by an amateur (full of mistakes and conflicting statements).

Would it be wise to write my former employer and attempt to validate? Given past experience, the wrong person will probably attempt to provide an answer or no answer will be given at all (my only communication channel isn't great). But maybe the paper trail would be wise to have before I sell?

  • How much time between (i) your last day of work and the vesting of the RSUs and (ii) your last day of work and today? – gaefan Mar 3 '17 at 14:29
  • It's a bit complex... but after re-reading some agreements, it appears that technically my last day was Feb 28th (though I have not been actively working for them for a month). They vested 3/1 as scheduled. They were released for sale on 3/2. – maplemale Mar 3 '17 at 19:45
  • Though you might like to check this with your accountant, your last day was 28th Feb, the shares vested on 3rd of Jan and released on 3rd of Feb, while you were still (technically) on the roles of the company. In this regard you have right over the shares (unless there is some specific clause against this in your appointment letter/contract). In that case, you can sell or otherwise retain the shares. One suggestion is before going to the company (where you dont expect too much of an answer), you could validate it with your accountant. – Ironluca Mar 15 '17 at 9:08

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