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As an aside, I think that you would have to look at the individual cases and determine what the circumstances were for each as from what I'm reading it wasn't a blanket clawback.

In the case of someone hired but who wasn't really as qualified as they represented themselves to during the interview process, then it would be understandable if they were summarily fired. No options, no nothing. Same would go for an individual who retired while still at the office. They're a cancer and you can't keep them around. I cannot see these types of people being reassigned. Oddly enough, some of those people are actually kept around, but that's another story.

But in the case of someone who was promoted to a level of responsibility beyond their capabilities, after working at the company for some time, I could see management clawing back those options and benefits given to them in addition to the ones they were originally at the time of their initial employment.

However, and if I'm understanding what is being written about Mr. Pincus, going after those options deemed excessive which were granted to early employees for the sole purpose of not having them participate in an equitable share of the profits of a stock sale, well, that's fraud. And Mr. Pincus had better hope that only a very minimal paper trail exists of those employee agreements. Very minimal.




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