[HN Gopher] How to Evaluate Startup Offers
       ___________________________________________________________________
        
       How to Evaluate Startup Offers
        
       Author : mavelikara
       Score  : 194 points
       Date   : 2021-10-09 07:54 UTC (15 hours ago)
        
 (HTM) web link (faingezicht.com)
 (TXT) w3m dump (faingezicht.com)
        
       | claudiusd wrote:
       | As someone with experience as a startup employee and founder,
       | having negotiated startup offers from both sides of the table and
       | seen several unfavorable and favorable liquidity scenarios play
       | out, here is the advice I give people:
       | 
       | Treat stock options in an early stage startup as if they are
       | worthless. Don't make salary/equity tradeoffs and instead,
       | negotiate for both the "high salary" and "high equity".
       | 
       | Stock options have a number of "gotchas" that may not be
       | immediately obvious:
       | 
       | 1. Exercise price and exercise window. It takes a lot longer for
       | a startup to exit than than most people would like to think (if
       | it exits at all). 10+ years is my experience. You're probably not
       | going to stay with the company that long, so when you leave the
       | company and want to keep your shares, you only have so much time
       | to exercise them (this is the exercise window - typically 3
       | months). It could cost you many $thousands to exercise and there
       | is no guarantee your stock will be worth anything. You are
       | essentially now an investor in the company and you are afforded
       | none of the protections that the company's venture investors
       | received.
       | 
       | 2. Liquidation preference. In a liquidity event, the company's
       | venture investors get paid back some multiple of their original
       | investment (typically 1-2x) before any common shareholders get
       | paid (which includes options holders). If the company is not
       | valued above a certain threshold at liquidity, then common
       | shareholders get nothing. As the company takes on new investors,
       | this liquidation preference starts to add up, and as an employee
       | you are not going to be told what this amounts to. You could
       | exercise your shares, pay the company money, have the company
       | exit for an apparently attractive amount, and then get nothing
       | because the liquidation preference threshold wasn't met. The
       | company exits, and you lose money.
       | 
       | 3. Tax treatment. Assuming the company exits while you are still
       | an employee (i.e. you have not exercised your shares) or the
       | company has an attractive exercise window (10 years is not
       | uncommon nowadays), and the valuation is high enough not to
       | trigger liquidation preference, then you will make some money.
       | Unfortunately, the amount you earn will get taxed as income, not
       | capital gains, and the difference is significant. To be taxed as
       | capital gains, you have to exercise your options and hold on to
       | the shares for at least a year before selling them. Some
       | companies offer early exercise benefits, but if you do this then
       | you could potentially lose money as I described above.
       | 
       | RSU's on the other hand (essentially just plain stock like
       | founders get) do not have to be exercised and are taxed as income
       | on their value the moment they are vested (or on the value of the
       | entire grant on the data of issue, assuming you file an 83(b)
       | election with the IRS). These have value, and I would be
       | comfortable with a salary/equity tradeoff for them. This is
       | something you should ask about during negotiation. If RSUs are
       | off the table, then you can try asking the company to pay the
       | [early] exercise price for you as a signing bonus.
        
         | calbruin wrote:
         | "If RSUs are off the table, then you can try asking the company
         | to pay the [early] exercise price for you as a signing bonus."
         | 
         | This is excellent advice, especially given the risk you
         | described in (2).
        
       | quadcore wrote:
       | So, reading here what I understand is that startup
       | stocks/options/whatever are worth nothing because this is a
       | private company, an opaque box with many tools to screw you.
       | Anyone with a different experience? If you had a positive
       | experience/return, what was the cause, your negotiation or the
       | founders/investors behaviour?
        
       | nbzso wrote:
       | Even cofounder position cannot guarantee successful exit. It is
       | all about the small font things in contracts, understanding of
       | the reality of the situation and not taking anything at face
       | value.
       | 
       | It is not impossible outside the "luck factor", but in this point
       | in time things are refined and well executed and this "get lucky"
       | is usually propagandist in his nature.
       | 
       | I am on different spectrum. I live in 'qualified personal'
       | territory. Everything that I fight for is measured in Hourly
       | Wage. Nothing more, nothing less.
        
         | ptero wrote:
         | No one can guarantee a successful exit, but if it does happen a
         | cofounder typically makes out very well, while engineers with
         | options usually end up with a token amount.
        
           | nbzso wrote:
           | Young engineers need to grow up and learn from previous
           | generations of professionals. The generational divide is
           | funded by corporate and VC interests under HR classifications
           | as "cultural fit".
           | 
           | In reality we all are "just a cogs" in a somebody "value
           | extraction" plan. And as such we must demand fair wages and
           | clear career paths.
           | 
           | P.S. Downvotes don't remove the reality of my statement.
        
             | a_t48 wrote:
             | You're saying they should just roll over and take what is
             | offered?
        
               | nbzso wrote:
               | Not at all. This approach will make more effective salary
               | or wage negotiations. As a side-effect this will lower
               | the possibility of low payment for overtime work and will
               | create more quality in the product pipeline etc.
        
       | morelandjs wrote:
       | This is a great article! I would add to the general discussion
       | here that some big tech companies will surprise you in terms of
       | culture.
       | 
       | I joined a small but rapidly growing team at Amazon and it feels
       | very different from my previous corporate job. I'm wearing many
       | hats, learning lots of different technologies, and in many cases
       | driving initiatives in a way I didn't expect.
       | 
       | I was expecting a lot more red tape, meetings, silos and
       | bureaucracy and thankfully that has not yet been the case.
       | 
       | Even still, I'm not suggesting that the feeling of accomplishment
       | would compare to building your own company. This article was
       | informative to me should I ever go that route.
        
       | ndonnellan wrote:
       | I like the structure of the article and it's a good procedure for
       | evaluation compensation, but my nitpick would be it could be more
       | helpful if it included more realistic numbers.
       | 
       | Do 5% of startups actually reach 1B valuation in 4 years? No.
       | Uber took 10 years to IPO. I don't know the average, but I would
       | imagine based on a cursory search that it's closer to 7 or 8
       | years for highly valued companies in the past decade. And 5%
       | seems extremely high for billion dollar IPOs.
       | 
       | Also, only 2 startups are compared in the NPV calculation. What
       | about joining a BigCo / FAANG? That would really put it into
       | context.
       | 
       | On the other hand, the math gets slightly better if you assume
       | you leave after some amount of vesting. I thought danluu had a
       | post about this, but can't find it. Staying in a startup until
       | the bitter end is almost never the optimal choice, especially if
       | you have inside knowledge of its progress.
       | 
       | https://tldroptions.io/ - This was posted a few years back, and
       | while it doesn't give tell you the likelihood of a particular
       | size of exit, it does help give an idea of the type of dilution
       | and final equity value (with no discounting though).
        
         | avyfain wrote:
         | Author here, thanks for the thoughts!
         | 
         | > could be more helpful if it included more realistic numbers.
         | 
         | Any ideas on where to find these? While there's a lot of info
         | out there on valuations most datasets have the problem of
         | hindsight bias, especially missing data at the pre-A round.
         | 
         | > only 2 startups are compared in the NPV calculation. What
         | about joining a BigCo / FAANG?
         | 
         | My original model was actually a FAANG vs two startup model (I
         | left Apple) but it gets too complex to try to explain it in a
         | post that's aimed at the stock options 101 crowd.
         | 
         | > the math gets slightly better if you assume you leave after
         | some amount of vesting.
         | 
         | 100%, although that's tough to model without just adding an
         | arbitrary cutoff.
         | 
         | > https://tldroptions.io/
         | 
         | Thanks, I did not know about this tool!
        
           | ndonnellan wrote:
           | Thanks for the reply! Sorry I don't have any great sources
           | off the top of my head. It makes sense that you'd want to
           | restrict the scope of the article to make it more
           | understandable.
           | 
           | I've only been part of one startup, and it went nowhere, but
           | it's very common (ubiquitous?) for prospective employees to
           | be sold the "if we IPO for $1xB" line when that likelihood is
           | laughably small; hence my suggestion to lower the
           | expectations with some lower numbers.
           | 
           | But props for getting this all down!
        
       | matthewmacleod wrote:
       | I don't mean to be terribly cynical, but wouldn't it be just as
       | effective to simply ignore equity entirely when evaluating a
       | startup offer?
       | 
       | An offer from an established company has a fairly clear value - a
       | chunk of cash and some relatively-well understood stock. A
       | startup offer amounts to a chunk of cash and a box of lottery
       | tickets. Given the wide variety of possible outcomes, it's
       | essentially impossible to assign any value to them - so they
       | might as well not exist for the purposes of evaluation.
       | 
       | I tend to think of this kind of choice as one that you'd make
       | based on the company and work environment, rather than the
       | compensation - so long as the startup can pay enough cash to
       | maintain a standard of living you want. Then it's a case of
       | deciding if the work environment, team, product, mission etc. are
       | something in which you're interested enough to give up the
       | stability and income from an established company. If it does work
       | out and you get rewarded through an exit, then that's great! But
       | if you're going in to it with the expectation of becoming
       | wealthy, you're almost certainly going to be disappointed.
       | 
       | YMMV of course, I'm personally quite risk-averse!
        
         | stonecharioteer wrote:
         | Completely agree. I left Visa for an early stage startup and I
         | didn't focus on the stock too much. Cash in hand matters more.
        
         | rajin444 wrote:
         | That's what I'm doing. Previously worked at a stable mid size
         | company and I wanted to try a startup. The comp and other
         | benefits were already pretty far above my stable company, so if
         | I get anything from the equity it's a bonus.
         | 
         | I feel a little dumb for not digging harder but the offer was
         | already a big improvement.
        
         | dasil003 wrote:
         | This is the right way to think about it because at the end of
         | the day startup success is rare.
         | 
         | That doesn't mean you shouldn't due your due diligence and get
         | all the info you can before joining a startup. IMHO the most
         | important thing is the character and financial savvy of the
         | founders, because it's one thing to fail but it's another thing
         | to essentially succeed but then get screwed because of investor
         | shenanigans. The founders are your only hope against this
         | scenario.
        
         | sgtnoodle wrote:
         | I agree, you should join a startup for the experience of it
         | rather than the risky upside. If you're leaving another company
         | with an equity component, though, it's a good idea to try and
         | quantify your options. Ideally you are lucky enough to find a
         | company that will both definitely give you the work environment
         | you want, and probably make you wealthy.
         | 
         | For a small startup, I recommend asking the CEO tough questions
         | about the viability of the business and planned exit strategy.
         | If they get upset about it, walk away. If they don't get upset,
         | that's good. At that point, ask them to get you in contact with
         | an early investor to ask them questions. If they aren't willing
         | to do that, then walk away. Once you do have an offer, do an
         | analysis. Unless you think they are giving you an abundance,
         | then do a round of negotiation. Negotiating can only help you.
         | Keep it fair and reasonable, though. If it's your first job and
         | you have no experience, for example, don't expect them to budge
         | much if at all.
        
       | sscarduzio wrote:
       | Lol screw this stuff. Bootstrap a profitable company, grow it and
       | either sell it or keep it forever. Zero bullshit.
        
       | plow-tycoon wrote:
       | In addition to these things, make sure the company who's hiring
       | you, _if you 're located in another country_ knows how to do so,
       | before wasting too much of your energy with them. I was recently
       | burned by this _after_ receiving a good offer.
        
       | avyfain wrote:
       | Author here - happy to answer any questions!
       | 
       | I'm planning to write a more advanced version of this article in
       | a few months, discussing tax implications, the "should I exercise
       | my options" question, etc.
        
         | lostdog wrote:
         | Omitting AMT's effect on exercising in a post about equity is
         | pretty much blogging malpractice.
         | 
         | Other than that, very good post.
        
       | ssr2167 wrote:
       | It's really amazing to view the comments section of Hacker News.
       | Really finding a way to to find the problem about any situation.
       | 
       | And when it comes to the idea of working at a startup that might
       | be able to actually fix some of those said problems, instead of
       | just taking money from big tech and chilling....the comments
       | flood in with negativity here as well.
       | 
       | Gotta give the community credit, because the one thing they are
       | is consistent.
        
       | gffa wrote:
       | Bluntly... TC or GTFO.
        
       | mkl95 wrote:
       | Some thoughts about small startups. If the company is not legally
       | obligated to eventually give me what they are promising, I have a
       | simple criteria. I don't even evaluate it.
       | 
       | For instance, a usual shady tactic to hire talented developers
       | -that would otherwise be recruited by a larger company- is to
       | claim that they are on their way to receive some substantial
       | investment in the near future, which will improve your working
       | conditions overnight. The CEO will then discuss your future
       | salary by giving you some figures.
       | 
       | Beware that usually these claims are complete bollocks, and the
       | company is not even close to entering a seed round. Startups are
       | fun and a great learning opportunity, but make sure their
       | promises are actually binding.
        
         | twistedpair wrote:
         | Good point. I left my last startup for this reason. Kept
         | telling the CEO "show me the money". After a half dozen times
         | being told that the "funding is just around the corner" I left.
         | 
         | Two months later they cut more than half the staff and becoming
         | an IP bundle looking for a buyer.
        
       | ludwigvan wrote:
       | > As I was considering the switch, multiple people told me I was
       | making a big mistake, losing out on both job stability and
       | compensation. Those people had no idea what they were talking
       | about.
       | 
       | Maybe they had "some" idea? I guess time will tell and hope this
       | sentence does not simply serve to cast one's own fears about
       | having made the wrong choice.
        
         | hnbad wrote:
         | As I was considering dumping my savings into a video poker
         | machine, multiple people told me I was making a big mistake,
         | losing out both on a safe retirement and interest.
         | 
         | World A: And they were wrong! I was able to turn those $100k
         | into $5M.
         | 
         | World B: And they were wrong! I may have lost all my savings
         | but I still would have gotten a massive ROI if I had played my
         | hand better.
        
         | danrocks wrote:
         | Author intends to present a rational, quantitative view of
         | compensation yet begins by emotionally dismissing any advice
         | contrary to his beliefs. Kind of defeats the purpose here.
        
           | steve_adams_86 wrote:
           | My interpretation is that he's saying they're right if the
           | only priority is money, but otherwise they miss the point. He
           | didn't go to the new job for money. However, money isn't
           | totally irrelevant, so he wrote this article detailing what
           | he knows about the process of assessing offers.
        
             | avyfain wrote:
             | Author here, that's exactly the case :)
             | 
             | Left FAANG knowing that money would be better there. My new
             | opportunity is (so far) a lot more fun, a I'm learning a
             | lot more about the things I want to learn.
        
           | hcta wrote:
           | What's emotional about it?
        
           | acjohnson55 wrote:
           | The whole point of the article is that while the money may
           | not be everything, it is important to understand. He says
           | right in there that FAANG money is probably going to be the
           | best, if that's your priority.
        
         | ptero wrote:
         | That is an awkward wording, but the author explains exactly
         | what he means in the next sentence, agreeing that switching
         | FAANG for a startup for financial reasons is stupid. If you
         | switch, do it for other reasons.
        
       | danrocks wrote:
       | Not joining one startup whose worth will be $0 in the long run is
       | not enough. One needs to evaluate another type of exit that, in
       | fact, is much more common that an IPO: acquisition by another
       | company. In that scenario, you've worked hard for a number of
       | years, the company will be sold for hundreds of millions of
       | dollars, and you still probably will end up with nothing. The
       | name of the game is "liquidation preference".
       | 
       | I have been through one of these scenarios and it's incredibly
       | taxing and stressful: all that work, company selling for a
       | boatload, and all I got was a lousy T-shirt.
       | 
       | https://marker.medium.com/my-company-sold-for-100-million-an...
        
         | engmgrmgr wrote:
         | You should do your due diligence on the business and financing
         | to avoid this situation, and unless you have a ton of equity,
         | you should hedge your bet on multiple companies if you're
         | trying to make high ROI and you aren't feeling confident
         | that'll happen in your current gig.
         | 
         | "Start-up" is a bit of a disingenuous term when using to
         | compare with FAANG, because one refers to a class of high
         | performing public tech companies, and the other is a catch all
         | for small businesses.
         | 
         | I know chronically broke start up folks, faang millionaires,
         | and a group of people who seem to to know how to play the
         | startup game and are extremely wealthy, so YMMV.
        
           | cheriot wrote:
           | I've received offers from a bunch of startups over the years.
           | None of them would disclose their cap table. Most of them
           | even refused to tell me the total number of shares
           | outstanding.
           | 
           | Are people getting enough info for any kind of due diligence?
           | Do people know how to play the game or did they get lucky?
        
             | HWR_14 wrote:
             | Do you need the whole cap table? Presumably, common shares
             | outstanding, preferred shares outstanding and the total
             | dollars of the overhang of the preferred shares should be
             | sufficient. Assuming that options are correctly accounted
             | for in that number (that is, if people cash in ITM options)
        
             | tptacek wrote:
             | Don't work for companies that offer equity as a significant
             | component of their compensation and won't tell you shares
             | outstanding. That used to be somewhat common, but I can't
             | remember the last time a friend of mine got an offer where
             | that was the case. It's a red flag.
        
               | JCM9 wrote:
               | For a privately held company the number of shares
               | outstanding, on its own, isn't enough and really doesn't
               | tell you much. Your shares are almost certainly not the
               | same as other people's shares and you need to know what
               | those differences are. Other people likely hold shares
               | that have terms like "I get paid 3X my investment before
               | anyone else gets paid." Or other terms that make the
               | total number of shares not that informative in knowing
               | where you really stand. If someone's not sitting down
               | with you and laying everything out on the table then it's
               | almost certain there are things they don't want you to
               | know that make your offer significantly less attractive
               | than what it might appear in face value.
        
               | tptacek wrote:
               | You can ask about liquidation preferences as well.
               | Anything above 1X is above market and, again, a red flag.
        
             | engmgrmgr wrote:
             | I'm not agreeing one way or another about needing cap table
             | in detail, but if the company isn't giving you the
             | information you need to evaluate an offer after you request
             | it, then don't work there.
             | 
             | As for luck, of course there's some risk component there,
             | otherwise the ROI wouldn't be higher, but it's not a dice
             | roll unless you let it be.
             | 
             | I'm biased. I was part of lackluster exits, failed
             | startups, and dead-end startups that will forever raise
             | more money. I learned a lot of valuable lessons the hard
             | way on how to evaluate companies, and have since been able
             | to pick winners when I look to change jobs. The other thing
             | that goes unmentioned is once you "win" once, your risk
             | tolerance might change, or your patience to wait for the
             | exact right next opportunity may increase significantly.
             | 
             | I think you can ask yourself if you'd invest 500k in this
             | company (or whatever assets you have up to that), and if
             | you value your time more than your money, that should tell
             | you something.
        
         | d357r0y3r wrote:
         | Back around 2012, I made 10k cash + stock that would eventually
         | net me around 30k on a ~50 million acquisition. I had been at
         | the company for less than a year. I was employee #50 or
         | something. This sounds like a much better deal than anything
         | I've seen down thread, and it was actually serious money for me
         | at the time.
         | 
         | Honestly, I think this just comes down to the moral character
         | of the founder(s) in the company. If you have a good way of
         | assessing that in the interview process, then maybe take it
         | into account? Doesn't sound easy to do though.
        
         | [deleted]
        
         | dhruvrrp wrote:
         | A bunch of early engineers i knew made less than 100k when
         | their company got acquired for $320m cash.
         | 
         | Down rounds and preferential stocks are not fun
        
           | 6gvONxR4sf7o wrote:
           | I was a late joiner at a near-IPO startup, and did better
           | than I've ever done at an early stage one. Even then, I've
           | done way better with post-IPO RSU refreshers than with the
           | pre-IPO options. It took _years_ for our publicly traded
           | price to hit what management delusionally (or dishonestly)
           | messaged us as our options' worth pre-IPO.
           | 
           | I remember a conversation when we got new ISO grants, that
           | they might be worth $X, based on blah-blah-blah, but they'll
           | be worth at least $2X soon because we're growing, so really
           | you're getting $2X! Which doesn't even make sense to me if
           | we're going to view today's price as a discounted future
           | cashflow. Anyways, we're _finally_ trading at $X today, years
           | and years after IPO.
           | 
           | Moral of the story is that the people budgeting how much to
           | pay you will engage with incredibly wishful thinking when
           | deciding how much to pay you if they can. "Sure, Z shares
           | seems super generous, right? We're a rocket ship!" But when
           | the market decides how much a share is _really_ worth, they
           | can't screw you by pretending they're paying out more.
           | 
           | I'm only working for public companies from here out. And none
           | of those 1 year grants that seem to be popping up.
        
           | almost_usual wrote:
           | Made 15k on a 100m+ sale, was at the startup for years.
           | 
           | I'll stick to RSUs.
           | 
           | Saying you helped exit a company seems to go over well in
           | interviews though.
        
             | anonymousDan wrote:
             | Why is an RSU better than other types of shares, and how
             | does it avoid this kind of dilution/backstabbing by
             | founders? Honest question!
        
               | potatolicious wrote:
               | I take RSU to mean "RSUs in a publicly traded company" -
               | i.e., the value of the shares is well known and the sort
               | of "sell the IP and fuck the employees" shenanigans is
               | much harder to pull off.
               | 
               | You can get RSUs in private startups which doesn't
               | mitigate the risks being discussed here. That said there
               | are still benefits to having RSUs over options (i.e., 90
               | day exercise window).
        
               | 6gvONxR4sf7o wrote:
               | I also take it to mean RSUs in a public company. I
               | wouldn't want RSUs in a private startup because I
               | couldn't sell them, but I'd still take the tax hit as
               | they vest.
        
               | travem wrote:
               | The availability of double trigger RSUs help mitigate
               | that
        
               | sethammons wrote:
               | RSUs are actual stock that can be sold on the market.
               | Options are the ability to buy a share in the future at a
               | given price. One is real money now and the other is maybe
               | money later.
        
               | dan-robertson wrote:
               | But I think you're ignoring the liquidation preference
               | discussed at the top of this thread: surely RSUs have the
               | same junior rights as the shares from options if the
               | company is acquired. One difference is that people are
               | generally required to exercise options (and pay taxes on
               | that) before they leave the company. But you also talk
               | about selling RSUs on public markets so maybe you are
               | thinking of something else?
        
               | natchy wrote:
               | Qualtrics gave engineers RSUs in 2015 when they were
               | still private.
        
               | tptacek wrote:
               | Isn't this just a way of saying "work exclusively for
               | public companies if you value equity"? You will not be
               | able to sell private company shares on the market.
        
               | dllthomas wrote:
               | Private companies sometimes give out RSUs. For instance,
               | Uber did pre-IPO.
        
               | cj wrote:
               | RSUs (restricted stock) can be granted to employees if
               | the startup is very very early because the par value of
               | each share rounds down to $0.
               | 
               | If you join a company that just had a seed or Series A,
               | the par value would be much higher, and if you were
               | granted RSUs, you would need to buy the shares at
               | whatever they're valued at, which can be a lot if you're
               | buying 1% of a $10mm company (compared with a stock
               | option which is simply the option to buy stock at a later
               | date).
               | 
               | RSUs have voting rights and is usually the same stock
               | founders have.
               | 
               | That's said, an investor (or a founder for that matter)
               | can come in at any time and rework the whole ownership
               | structure by simply increasing the authorized share pool
               | in a company from (let's say) 10 million shares to 100
               | million shares, and then grant all of the newly created
               | shares to other entities, thereby cutting the value of
               | all other shares by 1/10.
               | 
               | A lot of it comes down to what investors force startups
               | to do when they accept VC money, and also how ethically
               | and morally the founders act from the perspective of
               | employees with stock interest.
               | 
               | I'm a CEO and when I hire people, I'm very generous with
               | stock options, but I tell people upfront they're just
               | lottery tickets. That's really what they are.
        
               | boulos wrote:
               | IANAL, but there are two "problems" with this claim.
               | 
               | One is that "just create a bunch of shares and only give
               | them to the founder" is true, but has tax consequences.
               | (In your example, you just gave ~90% of the company to
               | the founder at valuation $XM. Whether as options or as
               | Restricted Stock, there's going to be a tax consequence
               | to that either at grant or during vesting). A dishonest
               | founder might do that, but they'd have to believe it was
               | going to work out in their favor beyond just "I already
               | have 40%, let's increase the value of the company".
               | 
               | Second though is that the Founders, usually as CEO and
               | Board Directors, have a fiduciary duty to their
               | shareholders. Even if you have full control of the voting
               | rights, reallocating all the equity is a violation of
               | that fiduciary responsibility. The injured parties have
               | to sue you for it, and that might make the company equity
               | worthless, but just because a company is private doesn't
               | mean "anything goes".
        
               | throwawaysea wrote:
               | Is there any kind of clause or legal structure that would
               | prevent the kind of alteration to ownership structure you
               | describe above? It seems like you're saying anyone can do
               | anything at any time. That's scary and I feel like we
               | need laws against that, or a different structure for
               | representation of workers.
        
               | cj wrote:
               | > anyone can do anything at any time.
               | 
               | This is largely true at any smaller seed maturity or even
               | Series A maturity.
               | 
               | As a sibling commenter mentioned, companies do have a
               | fiduciary duty. But realistically, if the shareholders
               | are composed of relatively unsophisticated
               | investors/employees, you can do anything without being
               | sued.
               | 
               | I obviously don't subscribe to this kind of behavior at
               | my own company, but being in the position it has opened
               | my eyes the extent to which one could go if you were very
               | greedy.
        
             | danrocks wrote:
             | I have learned my lesson. Been at large company with fat
             | RSUs for 5 years now.
        
           | mbesto wrote:
           | Which is why it would be entirely reasonable for someone who
           | is granted stock as part of compensation to do a full
           | diligence on the company before accepting the terms.
           | Companies deliberately offer options knowing most people
           | simply won't and thats how they get away with it.
        
             | geoduck14 wrote:
             | I joined a private company a couple of months back. They
             | gave me Options, but they made it clear they were "monopoly
             | money" and gave me no ability to evaluate the value of the
             | options - I accepted the offer EXCLUSIVELY based on the
             | salary
        
           | hijinks wrote:
           | i know an early engineer who worked for a well known founder
           | 10 or so years ago.
           | 
           | The company was sold to a large tech company for like 350mil
           | but what happened first is the VCs/founders created a new
           | company and sold the IP from old company to new company and
           | sold the new company for the 350mil leaving the employees
           | with a worthless company.
           | 
           | So also trusting the founders and the VCs they choose are in
           | my opinion more important then any equity grant offer
        
             | piinecone wrote:
             | Hey, my old cofounder just did this to me!
        
             | lelandfe wrote:
             | Jesus, name and shame. That kind of behavior should follow
             | those founders like a sign hanging from their neck saying
             | "don't work for me."
        
             | [deleted]
        
             | treeman79 wrote:
             | That would be a fairly straightforward lawsuit as a company
             | cannot intentionally defraud its own shareholders.
        
               | namdnay wrote:
               | If the employees had options they weren't shareholders
               | (yet)
        
               | aerosmile wrote:
               | That's a straw man argument. If you had an interest of
               | any kind in a company, and someone screwed you, you can
               | sue. In today's environment, companies will settle even
               | if they have a good case, let alone if they are likely to
               | lose. Plenty of lawyers will take such a case and get
               | paid in a contingent fee arrangement.
        
           | danrocks wrote:
           | I made $10k on a $138m sale and $50k on a $125m sale. I am
           | that early Engineer you speak of.
        
             | binbag wrote:
             | But was this a surprise to you? Did you expect to make more
             | money from the sale of the company, and if so, why?
        
               | aerosmile wrote:
               | Because most of the shiny things in SF were paid for with
               | equity. And there are plenty of shiny things in SF. I am
               | not saying you should work for equity, but I think you
               | should realize why the real estate is as expensive in SF
               | as it is. There are plenty of times when people got
               | screwed over, and there are also - fewer, but enough to
               | move the market - people who didn't. So when you ask the
               | question "how could you have been so incredibly stupid to
               | believe that equity is not worth $0," you just have to
               | look around yourself and ask "how come that zillow lists
               | so many properties for over $10m?" You shouldn't count on
               | your equity returning anything, but you also shouldn't
               | listen to people who take an overly unhealthy view at the
               | potential upside.
        
               | binbag wrote:
               | Sorry, I wasn't suggesting anyone was stupid for
               | believing the hype that founders use to punt their
               | stocks. What I was trying to get at was whether you had
               | an idea of the valuation of the stock relative to your
               | exercise price. If so, and that looked good, what
               | happened to your company for it to sell at a low price?
        
               | aerosmile wrote:
               | Gotcha, I misunderstood.
        
               | potatolicious wrote:
               | I'm willing to bet good money that the real estate in the
               | SFBA is driven much more heavily by FAANG stock than
               | startup stock...
               | 
               | Startups mint multi-millionaires. FAANG does it at scale
               | day in and day out.
        
               | aerosmile wrote:
               | Even at FAANG, not enough people have the seniority for
               | their base salary to turn them into buyers of $10m homes.
               | I appreciate your point that RSUs are different from
               | options, but I still think it's indicative that cash
               | rarely comprises the majority of the wealthy people's
               | income.
        
             | bingohbangoh wrote:
             | Were you given a signing bonus to stay on after the
             | acquisition?
        
             | leetrout wrote:
             | Did you know the cap tables at those companies?
        
               | danrocks wrote:
               | I don't think anybody knew the cap table for those
               | companies. To be more precise: one of them didn't even
               | have a cap table, the other was a secret between the lead
               | investor and the original owner (an incubator). Needless
               | to say nothing was disclosed to engineers, or any one of
               | them for that matter. Even in this state, both companies
               | raised a shitton of money.
        
               | sokoloff wrote:
               | > To be more precise: one of them didn't even have a cap
               | table
               | 
               | A cap table is a representation of ownership. Saying a
               | company doesn't have one is like saying I don't have a
               | height.
        
               | danrocks wrote:
               | So you're infinitely short? Joking.
               | 
               | What I meant is that the cap table was not disclosed and
               | changed so often that nobody really knew what it was at a
               | given moment in time.
        
               | leetrout wrote:
               | This is what had been surprising to me in my
               | experiences... first few startups the cap table was
               | shared info but no specifics (investor pool 33%, employee
               | pool 7%, etc) so at least you knew the rough outlay.
               | 
               | Then one recent startup was championing transparent
               | salaries but wouldnt share anything about the cap table
               | which seemed odd to me.
               | 
               | My current company the CEO answers questions about the
               | stock outlay but not specifics but also doesnt claim to
               | be transparent.
               | 
               | I just assumed from my earliest experiences most small
               | companies were happy to explain the cap table and walk
               | folks through dilution events.
        
               | bingohbangoh wrote:
               | Cap tables can change very quickly too. Even if you know
               | at the beginning, you're not privy to any changes later
               | on.
        
               | leetrout wrote:
               | Sure. More the reason to have a rough representation that
               | is public in a transparent company.
               | 
               | Cant make good decisions without full information.
        
             | kabdib wrote:
             | I lost $8K on a $40M sale. Lost another $10K when a company
             | "extinguished" prior shares (they are now worth $7B).
             | 
             | This is basically legalized gambling with a house that's
             | allowed to have a rigged table. If you want to do well,
             | become a senior engineer at a FAANG.
        
         | binbag wrote:
         | This is an oversimplification and, as written, is not quite
         | right. It doesn't matter whether the company is acquired
         | outright or floated on a stock market. If the company has a
         | well-structured employee options scheme, then either of those
         | events should be classed as an 'exit' event and the employees'
         | options should be automatically exercised and sold, giving them
         | the net gain in cash on that day.
         | 
         | As for preference shares, most VCs try to get that. They can be
         | negotiated away by the company management sometimes. If they
         | remain, they come into play in situations where the company
         | isn't successful - where the shares are sold at a lower value
         | than they were bought for. The preference gives the VCs to get
         | their money out first, and leave the scraps for the others.
         | Usually the others includes the founders who are similarly
         | shafted - but then again they evidently didn't build the value
         | of their company very successfully and they signed the deals.
        
           | dan-robertson wrote:
           | VCs often get shares with (e.g.) 3x liquidation preference
           | meaning that they should leave with max(3x value invested,
           | num_shares x sale_price / total_company_shares), or less if
           | the company didn't sell for enough money to pay out that
           | tranche and the more senior shares. For VCs, the point is
           | that in a failed company, they get 0. In a medium-success
           | they get up to 3x their investment a bit like buying a bond
           | for 33C/ on the dollar, and in a massive success they get
           | equity-like payout.
           | 
           | The problem is that if a company has a lot of shares
           | outstanding with a high liquidation preference then outcomes
           | that _look_ like success to employees or founders may not
           | result in those employees making much money, and the
           | employees generally don't know the relationship between how
           | much the company is sold for and how much they get paid
           | because it is confidential to the senior executives or
           | investors.
        
             | molsongolden wrote:
             | Often? I agree that liquidation preferences are often
             | overlooked by startup employees but I wouldn't say 3x is
             | common or generally acceptable.
             | 
             | The National Venture Capital Association (NVCA)
             | benchmarks[1] show that over 95% of term sheets across all
             | funding rounds include a 1x liquidation preference.
             | 
             | [1]https://nvca.org/model-legal-documents/ (it's in the
             | Enhanced Model Term Sheet v2.0)
        
             | binbag wrote:
             | In my (UK) experience, a 1x liquidation pref seems
             | requested. 3x seems unpalatable. Maybe things are different
             | in the US west coast. (It's certainly easier to raise money
             | there, so perhaps the terms are harder as a compromise.)
             | 
             | You're right that employees with options don't get enough
             | information to understand the value and potential value and
             | mechanisms of their options in private companies. That's
             | what I was driving at (poorly) in a separate comment.
        
               | askafriend wrote:
               | No, even in the US West Coast, 1x is what's typical.
               | Anything more is non-standard.
               | 
               | 3x would mean something is wrong with the company.
        
             | jandrewrogers wrote:
             | A 3x liquidation preference is anomalous. Pretty much every
             | term sheet I see is an eminently reasonable non-
             | participating 1x, which is a _de facto_ standard term these
             | days. If liquidation preferences are consistently higher
             | across startups then it is a sign of an unhealthy
             | investment market.
        
               | throwawaysea wrote:
               | I think there are two problems here. The first is that
               | what is "standard" is not very well known, so candidates
               | considering startups are operating with little in terms
               | of default assumptions and expectations. Is there any
               | resource that describes what the default even is?
               | 
               | The second problem is that companies are never
               | transparent about any of these things. If you ask, you
               | get funny looks or continued evasiveness, and candidates
               | are left with only part of the full picture anyways. From
               | other comments here it seems that even if you run through
               | a checklist of questions, the company's structure could
               | drastically change in a subsequent funding round of some
               | such event. And if that's the case, does knowing the
               | _current_ state of affairs matter at all?
        
         | fnord77 wrote:
         | It seems to me that investors have figured out other ways of
         | zeroing out startup employee equity, too.
         | 
         | I think the days of people getting rich from working for a
         | successful startup are over.
        
           | aerosmile wrote:
           | Some data to back up your argument would really help here.
           | The VC market has never been more founder-friendly, and the
           | amount of VC invested is at an almost all-time high.
           | Additionally, last year was the 3rd highest in the last 20
           | years for the number of IPOs. So just because you found
           | yourself in an overly negative HN thread shouldn't skew your
           | view that the chances of doing well are higher now than ever
           | before (which is not meant to imply that they are high on an
           | absolute level, but certainly in comparison to prior years).
        
             | dan-robertson wrote:
             | Why does "The VC market has never been more founder-
             | friendly" contradict the statement above that the outcomes
             | are not so good for employees (who aren't founders)?
             | Perhaps the VC market became founder-friendly by
             | transferring upside from employees to founders. Or perhaps
             | some other mix.
        
               | aerosmile wrote:
               | A founder-friendly term sheet is not necessarily an
               | employee-friendly term sheet, but a founder-unfriendly
               | term sheet is 100% of the time bad for employees as well
               | (low valuations, liquidation preferences, etc). All
               | things being equal, as an employee you want to be in the
               | company where the founder is laughing all the way to the
               | bank.
        
         | [deleted]
        
         | Seattle3503 wrote:
         | It seems like there should be a law requiring this to be
         | explained in plain terms at offer and each month to options
         | holders. For example they should show you a graph with the
         | x-axis as exit valuation and the y-axis as "your payout". Those
         | are the numbers that really matter to most employees.
        
           | frenchie4111 wrote:
           | There's no law, but do not accept an offer at a startup where
           | the founders / leadership are not willing to explain this to
           | you whenever you ask.
        
             | mathattack wrote:
             | Yes. There is a lot of confidentiality built into some of
             | the financing terms. Befriend the CFO. A good one will say
             | "If sell for X, you will own Y% of the company, which will
             | be worth Z to you" and they can give another few scenarios
             | too. "We need to clear A in valuation for employees to get
             | anything, and at Y you get a little"
             | 
             | Other rough heuristics:
             | 
             | - Down rounds tend to punish employee shares.
             | 
             | - Pivots that require large equity tend to be bad for
             | employee shares.
             | 
             | - Large rounds relative to valuation ($700mm for a post
             | money valuation of a billion) make a much higher future
             | hurdle to clear - bad for employee shares.
             | 
             | - PE rounds tend to be worse than VCs. (VCs tend to worry
             | more about upside, while PE firms push for downside
             | protection)
             | 
             | All of these general rules have many exceptions.
        
               | throwawaysea wrote:
               | > Large rounds relative to valuation ($700mm for a post
               | money valuation of a billion) make a much higher future
               | hurdle to clear - bad for employee shares.
               | 
               | Is that a scenario where the company has a pre money
               | valuation of $700m and accepts $300m in funding? Why is
               | that a bad thing? Sorry if this is a naive question.
               | 
               | > PE rounds tend to be worse than VCs. (VCs tend to worry
               | more about upside, while PE firms push for downside
               | protection)
               | 
               | Is this a binary thing or do investors exist on a
               | spectrum? I've also heard another label, "growth equity",
               | which sounded a lot like venture capital to me.
               | 
               | And are those rounds necessarily worse? Is it about the
               | PE firm selecting deals to fit their risk appetite or is
               | it more about them inserting clauses that are harmful to
               | common share holders (not sure what the right term is but
               | I mean regular employees).
        
               | mathattack wrote:
               | Good questions...
               | 
               | Scenario 1 is $300mm pre, $700mm in investment, $1bln
               | post. If there's are strong preference rights, you need a
               | multi billion dollar exit for employees to get anything.
               | 
               | PE vs VC isn't binary, it's a spectrum. VC firms
               | generally don't care about so-so outcomes. So they give
               | up downside protection for upside. (They give up
               | preferences to get a higher share of the company, which
               | reduces valuation)
               | 
               | On the flip side, PE firms are trying to make as return
               | on every investment. So they're ok with crazy high
               | valuations as long as they get liquidity preferences.
               | Which means in so-so exits they get most of the money.
        
         | twistedpair wrote:
         | Friend was the founding engineer at startup that did quite
         | well. Eventually sold for 100s of millions, and yeah, he didn't
         | see a dime.
         | 
         | Always discount those options to 0, and make sure you're
         | getting a good salary.
        
           | jeffwass wrote:
           | I've seen this term around lately. What exactly is a
           | "founding engineer"?
           | 
           | Is it a euphemism to give early non-founder employees a title
           | that sounds like founder but with minimal corresponding
           | equity?
        
             | whymauri wrote:
             | It is completely arbitrary. Arguably, all roles at seed
             | stage or earlier are arbitrary.
        
             | nrook wrote:
             | A neat thing about the job is you probably get to exercise
             | early and save taxes on your equity if it actually pays
             | off.
             | 
             | But yes, it's not worth that much more than joining a
             | startup later, and it'd be foolish to evaluate it
             | differently. It's fun, but if you don't have real founder
             | equity don't trick yourself into working longer hours than
             | you would at a regular job.
        
             | ithrow wrote:
             | exactly
        
             | dudul wrote:
             | Yes, and usually pretty bad salary. I haven't seen any
             | comment mentioning it, but it's another way to get screwed
             | when joining a very early stage startup.
             | 
             | The 1st engineers join pre-series A, get pretty low salary
             | with the promise of making it big when the company goes
             | public or is bought. Then more engineers come on board when
             | the company has more resources after a few other rounds of
             | funding and they get a salary much closer to the market.
        
             | twistedpair wrote:
             | To clarify: first engineer.
        
       | leroman wrote:
       | One huge risk is people higher up change more often in startups
       | in my experience, especially early ones, what usually follows is
       | a domino restructuring and basically a different company. This
       | happens a lot when a VC in a big round decides things are going
       | too well, better put one of his own in charge to make sure its
       | under his complete control going forward.
        
       | JCM9 wrote:
       | Too many people don't do their research and understand how
       | preferred status on the cap table works, minimum payouts, and
       | other things that are typically (sadly intentionally) withheld
       | from employees receiving these offers. People hear about startups
       | selling or being acquired for millions or even billions but too
       | often nearly all that money is just paying back the original
       | investors with some modest returns so they can move on. There can
       | be little, or even nothing, for employees holding options. If the
       | company is acquired you might get a nice stash package to welcome
       | you onboard with a t-shirt.
       | 
       | Obviously there are other stories that see employees become
       | fantastically wealthy, but that's a rare exception not the norm.
       | Equity comp at a publicly traded company (via RSUs) is very
       | different than equity comp in a privately held venture. With RSUs
       | you're still at the mercy of the market but you know how much
       | they're worth literally second by second.
       | 
       | At a startup as an employee you should generally assume those
       | shares are worth nothing and be OK making what you'll be making
       | then. Anything above that is a nice windfall bonus.
        
         | danrocks wrote:
         | Vast majority of startups will not disclose cap table,
         | outstanding shares, liquidation preference, nothing. Try asking
         | and see how it goes. The only one I've interviewed with that
         | does disclose _some_ of it was Stripe.
        
           | twistedpair wrote:
           | Also watch out for a clause giving the buyer the right to buy
           | back the employee shares, possibly at par value.
           | 
           | That means you could have executed those options 5 years ago
           | (to prevent a windfall tax), and just get you money back at
           | acquisition time. Zero interest five year loan. Thanks!
        
             | danrocks wrote:
             | What the hell, is that a thing? Does it have a name?
        
               | twistedpair wrote:
               | More details:
               | https://stockoptioncounsel.com/blog/standards-ownership-
               | cant...
        
               | 0x456 wrote:
               | Drag-along rights, with a waiver of appraisal rights?
        
           | JCM9 wrote:
           | That's because there are still enough willing pawns that
           | accept these offers without knowing what they're getting.
           | That won't change until the market wakes up and enough people
           | stop subjecting themselves to such nonsense to the point that
           | companies can't hire. Until then, as the saying goes there's
           | a sucker born every minute. If you think I'm being syndical,
           | ask a typical startup to see everything people have described
           | in this tread and watch them squirm.
        
             | anonymousDan wrote:
             | I agree. I think it would benefit all of us if we were more
             | informed about the types of tricks startups use to lure
             | people like this. If we were more informed, then they would
             | have to start being more open about the actual value. I
             | feel like this kind of thing could almost be taught to CS
             | students in some kind of negotiation class!
        
           | avyfain wrote:
           | With the caveat that you don't need the full cap table - a
           | company not disclosing outstanding shares, last preferred
           | price and 409a/strike price are giving you a signal to run
           | away.
           | 
           | Agreed that liquidation preference would be helpful, too, but
           | if at the time you're signing on you think the liquidation
           | preference will come into play you shouldn't join them.
        
           | willcipriano wrote:
           | If you want someone to stop bothering you about working at
           | their startup just ask for the cap table.
        
             | ralston3 wrote:
             | This is such good advice to filter out all the recruitment
             | emails XD
             | 
             | Instead of responding "not interested". I'm just gonna
             | start saying "show me the cap table". Love this idea
        
       | exdsq wrote:
       | Not looking to get into a Cryptocurrency debate here, but one
       | good thing about startups in that area is the share offering
       | tends to be liquid from day 1 and the valuations can get very
       | high. It feels a lot more likely to result in a payout than
       | waiting for an acquisition or IPO.
        
       | nemo44x wrote:
       | I've been using a discounted cash flow model to evaluate work
       | opportunities for years and it's great to see an article take
       | that approach too.
       | 
       | What I've found in my own analysis and with friends looking to
       | join a new place is we tend to undervalue the established,
       | current company and overvalue the startup. It's difficult to
       | calculate the odds of success at a startup and everyone has a
       | different current arrangement with their existing company but in
       | many cases I've calculated that the startup would have to be
       | valued at many billions 7 or 8 years down the road to break even
       | in total compensation. Especially so if your current role is at a
       | post-IPO success story (that will add a lot of value over the
       | next 8 years) where the RSU's are fully charged, have great
       | benefits (yay for matching 401k's!) and a very good salary.
       | 
       | It not getting there means fairly bad returns so you really need
       | to be going for the "right reasons". Seeing startup gold is not
       | it.
       | 
       | Of course the other side of it is the startup is a huge success
       | in 8 years and your cumulative ISO's are worth a fortune. And
       | that dream is so alluring to people. And so unlikely.
        
         | sokoloff wrote:
         | > great benefits (yay for matching 401k's!)
         | 
         | Indeed yay for matching 401(k)s, but that benefit is only a
         | high-four figure sum per year for most people. In the scheme of
         | SWE comp, that's about a needle's width on the gauge.
        
           | nemo44x wrote:
           | It's a piece of the puzzle though. Consider you'll be at the
           | startup for 8 years before moving on, letting all your ISO's
           | vest after the IPO. In that time, the current company would
           | have matched ~200k in funds when accounting for yearly
           | appreciation of 8% in it. And of course the marginal tax
           | savings you'll have from a higher a salary over that time.
           | 
           | So you add that to the formula plus assumed salary
           | differences in that time and whatever income you'll receive
           | from RSU's and the increase in the current company's market
           | cap over the time. You may even consider what your current
           | salary allows you to invest after taxes and how that will
           | compound and if the startups lower salary will still allow
           | that or if you'd have to pause that.
           | 
           | So add that all up and that is what you're discounting. In
           | essence the ISO's from the startup need to at least equal
           | that after 8 years (or however many you are assuming until
           | exit. 8 is average) to break even. It's possibly in the many
           | millions for some people.
           | 
           | It's a hard calculation with a lot of variables and
           | assumptions. But it's helpful to see how much of a risk you
           | may really be taking.
        
             | sokoloff wrote:
             | My experience is that, tech companies who start to succeed
             | and scale end up starting 401(k)s that are competitive with
             | the market along the way so, in the success case, you
             | aren't giving up 8 years of matching. (They more or less
             | have to, or else they can't compete for talent for whom
             | they can no longer give meaningful upside via options.)
        
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