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The biggest problem with this that I can see is logistical. You're trying to define how many shares of stock an employee earns for a month of work now by something that may happen in the future.

How many shares of stock do you issue when an employee decides to exercise his options four years in, and will a court uphold you trying to rescind a third of his stock when you exit in another two?




...will a court uphold you trying to rescind a third of his stock when you exit in another two?

That sounds pretty much like reverse-vesting, which is a fairly common practice (my Justin.TV stock has reverse-vesting). You transfer ownership of 100% immediately, but the company has the right to buy back unvested options for a very low nominal price.

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