Securities Employment and Transitions

Switching firms in the financial services world can be one of the most difficult and high-stakes moves a professional makes in their career. Whether you’re a broker, financial advisor, licensed banker, analyst, or another registered representative of a broker-dealer, leaving your current firm and joining a new one is rarely straightforward. From non-solicitation clauses to promissory notes and regulatory concerns, a lot can go wrong if you do not have the right guidance.

At Malecki Law, our New York securities employment attorneys are experienced in handling every phase of these transitions. Whether you are planning your move, facing a dispute over unpaid bonuses, or dealing with the aftermath of a termination, we can help protect your interests and keep your career on track.

The promises of higher payouts, better support, or improved workplace culture can be appealing. However, many advisors find out the hard way that what they were told does not always align with the reality at the new firm. You may have been offered a signing bonus tied to asset transfer benchmarks, only to find that your new branch fails to deliver promised support, causing you to miss out on back-end compensation.

When these situations arise, it’s important to have legal representation to examine whether you were misled during the hiring process. Our New York securities employment attorneys regularly work on cases involving alleged fraudulent inducement, contract breaches, and misrepresentations tied to employment transitions.

We also assist clients with restrictive covenants, including non-competes, confidentiality obligations, and client solicitation restrictions. These provisions can be difficult to interpret and enforce but ignoring them can lead to legal and financial consequences. Our attorneys can help you understand what restrictions apply and how to comply with them while still taking care of your clients and your career.

One of the most significant challenges that come with changing firms is managing the financial obligations tied to your departure. This often includes forgivable loans or promissory notes from your previous employer. These loans are structured to be forgiven over time, but if you leave before that period ends, the firm may demand immediate repayment.

Our New York securities employment attorneys regularly defend professionals facing repayment demands or threatened arbitration over unpaid balances. We can also help negotiate repayment plans or settlements that ease the financial strain of transition.

On the other side of the equation, many professionals run into issues with the new firm after arrival—bonuses that don’t materialize, commissions withheld, or bonuses clawed back without cause. Whether you need help recovering earned compensation or dealing with a bonus dispute, we can assist you in asserting your rights.

It’s common to think that, as an at-will employee, you have no recourse if you’re fired or forced out. But that’s not always true in the securities industry. Financial professionals may be able to bring claims for wrongful termination, constructive discharge, or retaliation. Our attorneys are well-versed in FINRA arbitration as well as AAA forums for RIA disputes, and we know how to build strong claims for compensation.

We also represent clients in connection with Form U5 disputes and regulatory inquiries. The language used in your termination documentation can have a long-lasting effect on your career. We help clients negotiate accurate and fair U5 language or file claims to amend inaccurate entries.

If you’ve received a subpoena, a document request, or a notice of investigation from a regulator, you need to proceed with caution. Even informal inquiries can lead to serious consequences. We’ll help you respond thoughtfully and strategically while preserving your rights and protecting your reputation.

If you’ve witnessed wrongdoing at your firm, you may be eligible for protections and financial rewards under the SEC’s whistleblower program. Malecki Law can help you report fraud or misconduct and potentially qualify for an award if enforcement action is taken.

If your employment is ending, we can also assist with severance negotiations. Whether you’ve been offered a package or are still waiting for one, having a lawyer on your side increases your chances of walking away with the compensation you deserve. We review, revise, and negotiate separation agreements to reflect your contributions and protect your future.

I just received a new offer of employment; do I need a lawyer?
Yes. Having an attorney review and negotiate your new agreement can help prevent issues down the line and clarify expectations around bonuses, non-competes, and client transitions.

I just found out my firm is investigating my conduct; can I do anything to help myself?
Absolutely. Speaking with a lawyer immediately can help you protect your rights and avoid missteps in how you communicate or respond to internal inquiries.

My firm plans on terminating my employment, should I be concerned about a severance agreement or ask for one?
Yes. You should always have a lawyer review any agreement before you sign. You may also be entitled to additional compensation that hasn’t been offered.

If you’re planning a move, facing legal threats, or dealing with compensation disputes, the New York securities employment attorneys at Malecki Law are here to help. We bring deep experience in industry transitions, regulatory matters, and employment arbitration. Call us today at (212) 943-1233 or email jenice@maleckilaw.com to schedule your free consultation.