Hearing a lot of people lost all of their 401ks

  • Thread starter Thread starter Cyrus
  • Start date Start date
  • Tags Tags
    Hearing Lost
AI Thread Summary
Setting up a 401k requires understanding the investment options available and the associated risks, as some individuals have lost significant amounts due to poor management or risky investments. A 401k is a tax-deferred savings plan that allows for employer matching contributions, which can be beneficial for retirement savings. It's crucial to diversify investments to mitigate risk, with options ranging from stable bonds to higher-risk stocks. For those in small companies, setting up an individual retirement account (IRA) may be more appropriate if employer-sponsored options are limited. Overall, careful planning and informed investment choices are essential for successful retirement savings.
Cyrus
Messages
3,237
Reaction score
17
I need to start working on setting up one, but I need to figure out how this works. So, any thoughts or links would be appreciated.

What are the risks, etc. I've been hearing a lot of people lost all of their 401ks. Any truth to this?

Side note: apologies for being the donkey by posting the overly broad and general thread.
 
Physics news on Phys.org


Cyrus said:
I need to start working on setting up one, but I need to figure out how this works. So, any thoughts or links would be appreciated.

What are the risks, etc. I've been hearing a lot of people lost all of their 401ks. Any truth to this?

Side note: apologies for being the donkey by posting the overly broad and general thread.
If it was through your job, and you didn't choose wisely, yes.
 


I did not hear a lot about it but I heard that many company's 401ks were tied up in the bad loan investments either directly or indirectly.

From what I have heard, if you are trying to set something up on your own, it is better to look for a good mutual fund.
 


it is impossible to lose everything unless you put all your money into your company's stock and your company goes bankrupt.

No matter what you invest, there is always risk. You have to decide what level of risk you can swallow before you couldn't sleep at night, and wisely choose what to and what not to buy. One word: diversify.

There are lots of free sites on the web you could learn from. If you have never been exposed to investment before, maybe you could try this:
http://www.morningstar.com/Cover/Classroom.html
 


chingkui said:
it is impossible to lose everything unless you put all your money into your company's stock and your company goes bankrupt.

No matter what you invest, there is always risk. You have to decide what level of risk you can swallow before you couldn't sleep at night, and wisely choose what to and what not to buy. One word: diversify.

There are lots of free sites on the web you could learn from. If you have never been exposed to investment before, maybe you could try this:
http://www.morningstar.com/Cover/Classroom.html

Yes, very true. Thanks for the link. I'm in the process of working with my lawyer on employment contract negotiations, and learning about that as well.
 


Cyrus said:
I need to start working on setting up one, but I need to figure out how this works. So, any thoughts or links would be appreciated.

What are the risks, etc. I've been hearing a lot of people lost all of their 401ks. Any truth to this?
A 401k is a corporate savings plan that is tax-deferred, meaning you pay income tax on the money when you pull it out instead of when your company pays you. It is a way to reduce your tax exposure. And as an added incentive, businesses will generally match some or all of your 401k contributions, up to a certain fraction of your pay. Ie, mine will match up to half of 6%. So that's free money that I get just because I save. That's it. That's all a 401k is. What you do with that money to save it for retirement is up to you: the risk/reward is up to you.

So what you really need to learn about it investing itself. If you are insanely risk averse, put your money into a government insured, fixed-income security like a CD or a bond (or bond fund). If you are young and can afford some risk (I know you are young), stocks are the best choice. You should probably put a decent fraction of the money into something with a low-to-moderate risk, such as an S&P Index fund (far and away the most common/popular/successful), but there isn't much harm in putting some into a mutual fund with more risk/reward when you are young.

The choices are laid-out by your company in a packet they give you when you sign up for the 401k.

Some people have lost a very high fraction of their 401k's, but it takes a truly exceptional amount of stupidity/gullibility/neglegence to do such a thing.
 


russ_watters said:
A 401k is a corporate savings plan that is tax-deferred, meaning you pay income tax on the money when you pull it out instead of when your company pays you. It is a way to reduce your tax exposure. And as an added incentive, businesses will generally match some or all of your 401k contributions, up to a certain fraction of your pay. Ie, mine will match up to half of 6%. So that's free money that I get just because I save. That's it. That's all a 401k is. What you do with that money to save it for retirement is up to you: the risk/reward is up to you.

So what you really need to learn about it investing itself. If you are insanely risk averse, put your money into a government insured, fixed-income security like a CD or a bond (or bond fund). If you are young and can afford some risk (I know you are young), stocks are the best choice. You should probably put a decent fraction of the money into something with a low-to-moderate risk, such as an S&P Index fund (far and away the most common/popular/successful), but there isn't much harm in putting some into a mutual fund with more risk/reward when you are young.

The choices are laid-out by your company in a packet they give you when you sign up for the 401k.

Some people have lost a very high fraction of their 401k's, but it takes a truly exceptional amount of stupidity/gullibility/neglegence to do such a thing.

The thing is the company is small, i.e., me and two other people! So, I'd have to do my own investing and set it up myself with an investment broker (is that what you call them?).

In terms of the contract, it states that any ideas or patents I come up with belong to the company, but I had my lawyer take that out. I see no reason why that should be true in a three man company where I don't have any company share. I'm not trying to be greedy, my salary is fair. It's not great, but its not bad. I don't think I'm being unreasonable in gutting that from my contract.
 


Your investment options should be pretty well-established, Cy. The major advantage of a 401k is that your investment funds come out of your wages pre-tax, so that you don't have to pay federal, state, or local taxes on the wages that you invest. When you invest in mutual funds that are heavily reliant on stocks (international or domestic), you stand a good chance of losing value in every hard down-turn. It's not hard to lose tens of thousands in a down-turn, and it's a bit stomach-churning to ride it out and wait for enough recovery to regain that value. I lost a pile in the last few years, and took a lot of crap from cheerleaders on this forum who claimed (with no real justification) that we were not falling into recession. I'll come out of it OK, but I can't say the same for my co-workers who dumped all their 401k investments into real estate (crowing about their huge unsustainable gains) just prior to the the S&L collapse.

Invest in stable, well-managed funds and you will do OK over the long run. Good luck.
 


Cyrus said:
The thing is the company is small, i.e., me and two other people! So, I'd have to do my own investing and set it up myself with an investment broker (is that what you call them?).

If you're setting it up yourself with a broker, it sounds more like an http://www.finweb.com/financial-planning/types-of-iras.html" .
 
Last edited by a moderator:
  • #10


I lost a large fraction of my 401k when the market tanked due it being managed poorly. I pulled out all the funds and put them in an IRA which right now I think is a better option. Unless your company offers investment matching, as in they throw in a few percent of what ever you do, I would look at other methods of investment.
 
  • #11


The thumb rule is
% of stocks = 110 - your age.

I usually put 100% in stocks though.
 
  • #12


Cyrus said:
The thing is the company is small, i.e., me and two other people! So, I'd have to do my own investing and set it up myself with an investment broker (is that what you call them?).
Are you sure it is really a 401K then? As Borg says, if you're doing it yourself, it sounds more like an IRA. Though I once worked for a very small company and realize that having your company do it for you can be functionally the same as doing it yourself.

You probably need an accountant and/or tax lawyer to help you and your company get it figured out and set up properly. Or, there may be management firms for this purpose. Not exactly sure.
In terms of the contract, it states that any ideas or patents I come up with belong to the company, but I had my lawyer take that out. I see no reason why that should be true in a three man company where I don't have any company share. I'm not trying to be greedy, my salary is fair. It's not great, but its not bad. I don't think I'm being unreasonable in gutting that from my contract.
I don't think you're being unreasonable either, but congratulations on your freakishly large testicles.
 
  • #13


Topher925 said:
I lost a large fraction of my 401k when the market tanked due it being managed poorly. I pulled out all the funds and put them in an IRA which right now I think is a better option. Unless your company offers investment matching, as in they throw in a few percent of what ever you do, I would look at other methods of investment.
Did your company not allow you to pick your own investments? I thought they had to.
 
  • #14


Cyrus said:
In terms of the contract, it states that any ideas or patents I come up with belong to the company, but I had my lawyer take that out. I see no reason why that should be true in a three man company where I don't have any company share. I'm not trying to be greedy, my salary is fair. It's not great, but its not bad. I don't think I'm being unreasonable in gutting that from my contract.

This is something you'll probably have to negotiate. Since it sounds like a small start up they may be willing to compromise but the corporation will need rights (whether full or limited) to use your ideas. More than likely they will be the ones fronting the cash and finding a patent attorney in order to patent the ideas so they deserve something if they are going to be doing this. What sort of compromise you might be able to come up with I have no idea. Maintaining exclusive rights to any patents is going to be a necessity for them. You may be able to come up with some agreement where they must give you some percentage of profits for any idea you come up with that they patent.

Also remember that any intellectual property you produce always belongs to you, though you'll need to make sure your name is on the patent and cover yer *** incase they neglect to do this. As long as it is acknowledged as your idea all they can get is rights to use it. If they maintain exclusive rights then you will not be able to use it elsewhere or sell rights to anyone else but you will always be able to say "this is my work" "my name is on these patents" and they will not be able to do anything about it.
 
  • #15


General comments: Companies that employ you mostly do not manage 401k investments. They hire a larger investment firm to handle that program, hopefully one with low maintenance fees and a decent reputation for selecting stable investment vehicles. Your employer takes your designated contributions (pre-tax) from your pay and hands it over to the investment firm to invest as you designate. Generally, the investment firm ranks the investments by risk and potential for loss and gain, and you choose your own portfolio. (pick your poison)

I had rolled all my 401ks into a single IRA and since I am not really old (not needing the money soon), I chose some high-risk funds, as well as some more stable funds. The high-risk funds lost me tens of thousands (on paper anyway) during the market plunge, though some of that is coming back. I could have rolled a lot of dough into bond funds, but given the current state of the US and EU economies, those would have stagnated or lost, too, with little hope for making large future gains, due to suppression of interest rates to prevent further collapse of governmental budgets.
 
Last edited:
  • #16


BTW, when you are heavily invested in some funds, and the market turns, you have to have the guts to watch a year's worth of income disappear (on paper, at least) and ride it out. If you bail out and re-direct your investments after a large loss, you lock in that loss. Not a really savvy move. You have to think long-term or you will become fodder for the finance industry.

Once you get established with a decent financial firm, you will get access to a personal advisor. I have one at the Principal Group, and he either answers the phone personally or calls back promptly. No promises, but I have had really good experiences with that company. If you need to set up an IRA (as opposed to a 401k), PM me and I'll give you his phone number. He is really thorough, and much more forthright than the various 401k fund managers I have dealt with in the past.
 
  • #17


Another side question. For a 3 person company, where I would be the third person, and the other two people have been at said company for 2 years, what would be a reasonable percentage to ask for, 1/3rd? 20%, 10%?

I'm thinking 20%. Keep in mind, the job only has money for a year. So if we do not drum up interest and get more funding, I'll have to find another one (which is a risk I'm willing to take).
 
  • #18


I can only tell you my own approach, but different people will take different approaches to retirement savings due to different needs.

For me, my employer offers a 403b (or is it 403a...something like that), which is sort of the government employer version of a 401k. It's foolish of me not to use it, because they match a percentage of the contributions that I wouldn't get at all if I didn't use that fund. So, even if I earn no interest whatsoever on it, there's money in there I would not earn otherwise.

However, just to hedge my bets, I have a separate IRA in a different investment fund independent of my employer's fund. The IRA is the rollover of benefits from my previous employer. I could have left them in that employer's benefit plan, but I didn't like the performance of that plan at all. I could have rolled it over into the current employer's plan, but after feeling "stuck" with the previous employer's plan for so long, I was glad to have an out where I could put the money where I had more control over it and can move it to a different investment if I don't like how the one it's in is doing. My other reasoning in doing this is that if one fund is mismanaged, I always have the other as backup.

I don't personally know anyone who lost all their funds if they were in a 401K or other IRA type investment. Many lost a lot, but probably none lost so much that they still weren't better off having their money in an IRA type investment rather than not invested. For some who are close to retirement age, the major effect is they postponed retirement a year or two to give their investments time to recover. They are hardly risking being destitute or anything like that, it's more that they had planned their investments to maintain their current lifestyle and if they retired with the losses, would have probably needed to scale back, but still would be well off.
 
  • #19


Cyrus said:
Another side question. For a 3 person company, where I would be the third person, and the other two people have been at said company for 2 years, what would be a reasonable percentage to ask for, 1/3rd? 20%, 10%?

I'm thinking 20%. Keep in mind, the job only has money for a year. So if we do not drum up interest and get more funding, I'll have to find another one (which is a risk I'm willing to take).
I'm not following - 10% or 20% of what?
 
  • #20


russ_watters said:
I'm not following - 10% or 20% of what?

Of the company's value in equity. I was told by a friend who has his own company that its not unreasonable to ask for (your salary)/(company worth) in terms of stock. I'm thinking of asking for 15-20% right off the bat.
 
  • #21


Cyrus said:
Of the company's value in equity. I was told by a friend who has his own company that its not unreasonable to ask for (your salary)/(company worth) in terms of stock. I'm thinking of asking for 15-20% right off the bat.
Ok, but that doesn't really have anything to do with a 401K...

...and good luck with that. I wouldn't think in a small company that the employees should get anything. This isn't an IPO: the guys who own the company are the guys who invested their own money to start it and have all the risk if it fails or gets sued.
 
  • #22


russ_watters said:
Ok, but that doesn't really have anything to do with a 401K...

Yeah, sorry about that. Split issues here.

...and good luck with that. I wouldn't think in a small company that the employees should get anything. This isn't an IPO: the guys who own the company are the guys who invested their own money to start it and have all the risk if it fails or gets sued.

The company is an LLC. The money they used was generated from state funding for small startups, not second mortgages on their own house. That being said, in combination with the fact that I would be one of two people that have the technical expertise, I see no reason why I shouldn't have a large stake in the company. Essentially, my hard work would generate more money to keep us funded after this year - otherwise we shut down. I would say I should get a very large slice of the pie for that. 20% of 0, is still 0. It really boils down to this: when you're talking about a 3 -man operation, you better have some form of an incentive for me to want to work for you. I'm not going to make you rich out of the goodness of my heart.
 
Last edited:
  • #23


Congratulations for finding this job! I think it's wonderful opportunity to find a place like this while risk is high but here are so many opportunities. Even when everything fails, you come out very strong and skillful because you would be involved in all aspects of the business. I had similar opportunity at the end of my first year but I did not find it interesting and did not have motivation to involve in other things beside my main tasks. I moved to bigger company after spending 8 months there as an intern, now I want to go back/find another start up.
 
  • #24


rootX said:
Congratulations for finding this job! I think it's wonderful opportunity to find a place like this while risk is high but here are so many opportunities. Even when everything fails, you come out very strong and skillful because you would be involved in all aspects of the business. I had similar opportunity at the end of my first year but I did not find it interesting and did not have motivation to involve in other things beside my main tasks. I moved to bigger company after spending 8 months there as an intern, now I want to go back/find another start up.

No, this is exactly my problem. I'm absorbing an astronomical amount of risk (if you saw the actual agreement), for absolutely little to almost no potential gains (maybe 3% share after a year)!

When we talked previously, it seemed all good. When I got the actual contract, I said no way am I agreeing to this.
 
  • #25


Cyrus said:
No, this is exactly my problem. I'm absorbing an astronomical amount of risk (if you saw the actual agreement), for absolutely little to almost no potential gains (maybe 3% share after a year)!
Could you give us at least some clue as to what you mean here because it really doesn't make much sense and it sounds like you think working for a company generally entitles an employee to a share of owership. That just isn't the case. The vast majority of employees of the vast majority of companies have one source or risk and one source of gain:

Risk: The company can fire you at any time.
Gain: The company pays you every other week.

That's it. Few people ever get equity in a company they work for.
 
  • #26


russ_watters said:
Could you give us at least some clue as to what you mean here because it really doesn't make much sense and it sounds like you think working for a company generally entitles an employee to a share of owership.

I wouldn't go that far. What I am saying is that if your taking the risk to work at a startup from the very beginning (first employee), for lower pay, no job security, giving up patent rights, then in that case, yes, it seems very reasonable to have a stake in the company. Otherwise, why the hell even bother being at said company? I can walk away to a higher paying job with great benefits elsewhere (which is an option I do have).

The vast majority of employees of the vast majority of companies have one source or risk and one source of gain:

Risk: The company can fire you at any time.
Gain: The company pays you every other week.

That's it. Few people ever get equity in a company they work for.

Most engineering jobs usually have a 6 month probation period, after which its usually harder to get rid of you unless you do something major or the company looses major funding - much different than a startup, which has higher risk. You are also missing the basic point that in a larger company, gains you give to the company come back to you too. I.e., if you bring in a new employee, you get a bonus. If you do good sales, you get a bonus, etc, etc, etc - as opposed to a startup which is strapped for cash (don't expect bonus', can't give something you don't have - money). But you can give a 'promise' of future money.
 
  • #27


Cyrus said:
What I am saying is that if your taking the risk to work at a startup from the very beginning (first employee), for lower pay, no job security, giving up patent rights, then in that case, yes, it seems very reasonable to have a stake in the company.
Well, you can try that argument with your boss, but don't expect it to get much traction. There are certain whole industries such as architecture and construction engineering where a huge fraction of the workforce accepts exactly that type of risk. Even in larger companies, the industry is cyclical and you can just about expect that on average, 20% of your company will be laid off every 8 years or so. The risk is inherrent with the type of industry.
Otherwise, why the hell even bother being at said company?
Because unemployment is 10% and the risk is greater if you quit. Additionally, being in on the ground floor gives you seniority for when the company does grow. As an engineer who was the third employee in my last company (and first engineer employed), I had no illusions about the risk I had, but I also gained experience I wouldn't have gotten elsewhere (which serves me well now) and had an inside track to becoming a partner with an ownership share...in, say, 10 years.
I can walk away to a higher paying job with great benefits elsewhere (which is an option I do have).
If you really provide that much value, the company should pay you accordingly, but don't be surprised if they don't value you as much as you value yourself.
Most engineering jobs usually have a 6 month probation period, after which its usually harder to get rid of you unless you do something major or the company looses major funding...
Those are both significant risks at any engineering based company.
You are also missing the basic point that in a larger company, gains you give to the company come back to you too. I.e., if you bring in a new employee, you get a bonus. If you do good sales, you get a bonus, etc, etc, etc -
New employee incentives look great in the employee manual, but few people ever see them. A sales bonus is for a salesperson and with that comes, again, a much higher risk and lower base salary.
But you can give a 'promise' of future money.
Agreed, but the promise of future money need not be based on equity.
 
  • #28


Cyrus, for this equity stake you are considering taking, what kind of control are you going to have over operations? Do you really want to become a de facto partner/owner? If you do enter into this partnership be sure your contract is IRON CLAD. Remember, if you become a partner you are fully liable for 100% of any liabilities incurred. If you see a considerable upside here it might be worth considering but ownership brings about a whole new set of headaches you may not be interested in, so be sure that is what you want.
 
  • #29


Cy, negotiate for incentive pay based on performance if you can. If you demand ownership percentages, you lose some flexibility in your future job moves (and if you are like 99.x% of people, you will move). If the payment of bonuses has to be deferred based on cash-flow problems on the part of the company, see if you can negotiate repayment in a preferred situation, such that you get paid first if the company files bankruptcy. If you are a part-owner, such an arrangement might not be possible or legal. As a contractor or employee, you might be able to get such preferred treatment, though you'd need to consult an employment-law attorney in your state to be sure.
 
  • #30


So I talked this over with my dad, my contract lawyer, and some financial advisors (woohoo, free advice from them over the phone!). I *could* ask for 10-20%, but that's asking for a slice of their pie (plus, I don't want to come off looking like a horses ***: what's that you say? Cyrus, how could you *possibly* come off as a horses *** - you, no, never! I know, let's just imagine for the sake of the example.). So instead, my dad said I should ask for a % of all revenue generated from patent ideas I come up with, which I think is a very good alternative. If I come up with a good idea, I make a lot of money (and so does the company). If I come up with nothing, I don't get anything and cost the company nothing. I will negotiate this into my contract. If he is not willing to give me a % of money from my patents, I walk - end of story.
 
Last edited:
  • #31


I agree that profit sharing is a good alternative - just make sure you have that other solid job offer in-hand before you walk!
 
  • #32


russ_watters said:
I agree that profit sharing is a good alternative - just make sure you have that other solid job offer in-hand before you walk!

The other company, in San Diego, loved me so much they said I could call them up a year later and they'd open a position for me - and they are great folks.

So my new question is, what is a reasonable figure to ask for. I'm thinking 30-50%.
 
  • #33


No, I wouldn't ask for a higher share than the owners of the company! I'd think maybe half of their share, so, perhaps 1/5th: 20%.

And I wouldn't trust a year-old promise that had no teeth when it was made, either: ask them first!
 
  • #34


russ_watters said:
No, I wouldn't ask for a higher share than the owners of the company! I'd think maybe half of their share, so, perhaps 1/5th: 20%.

And I wouldn't trust a year-old promise that had no teeth when it was made, either: ask them first!

Well, the promise was a few months ago, and would extend until a year from now (or two). It was the boss of who would be my boss that told me this (division head). We had an hour long phone conversation.

I'm going to shoot for 30%, and see what he's says. But if he declines any profit sharing on patents...not a sign of good faith.
 
  • #35


Cyrus said:
So my new question is, what is a reasonable figure to ask for. I'm thinking 30-50%.

Of the revenue?

With all due respect, you're so far out of the ballpark as to not even be on the same continent. 50% of the revenue means that the price of the item has to double to pay your share.

Typically established companies have profits of around 10% of revenues. So you're asking for five times as much money on your product as the shareholders get.

Of course, you can get whatever you manage to negotiate. The other side of this coin is that the company is free to decline your services and look elsewhere.
 
  • #36


Vanadium 50 said:
Of the revenue?

With all due respect, you're so far out of the ballpark as to not even be on the same continent. 50% of the revenue means that the price of the item has to double to pay your share.

Typically established companies have profits of around 10% of revenues. So you're asking for five times as much money on your product as the shareholders get.

Of course, you can get whatever you manage to negotiate. The other side of this coin is that the company is free to decline your services and look elsewhere.

Thanks for the info. So, 10-15% of revenues on anything I come up with in terms of a patent, is more reasonable?

I'm not sure what else you can get a percentage of on a patent, other than the revenue it generates. You seem to be implying there is something different one could get?

Looking online here
http://legal.uncc.edu/policies/ps-7.html
and here
http://www.ott.nih.gov/policy/policy_protect_text.aspx

it seems 25-30% of revenues seems reasonable.
 
Last edited by a moderator:
  • #37


Vanadium, I assumed Cyrus was talking about profit sharing, not revenue sharing. In essence, there is no such thing as "revenue sharing" - unless Cyrus is just using the terms interchangeably.

Cyrus, if you got 30% of the profit, that leaves 70% to split between the two owners (is it a 3 person firm or are there more people? What should they get?). Do you really think the two owners would be willing to take a 35% share and give you almost as much as they get?
it seems 25-30% of revenues seems reasonable.
Those links contain a lot of text - could you cite a quote that you think says it is?

Cyrus, it would be *highly* unusual for an employee of a company - any company - to get a much, if any, fraction of the profit/revenue a patent of theirs generates.

What you are shooting for here is wildly unreasonable. You're going to need to get more reasonable expectations or you'll never be able to hold a job!
 
Last edited:
  • #38


Going back to something you said earlier:
It really boils down to this: when you're talking about a 3 -man operation, you better have some form of an incentive for me to want to work for you. I'm not going to make you rich out of the goodness of my heart.
I work for an 80 man company which has partnership in some limited form for about 20 of them, with 10 or so getting around 1-2% and the others getting much more. The junior partners start at about age 40 and the senior partners start at about age 50. Some employees will never get partnership. The other 60 employees, some of which have 30 years experience, don't see a dime of profit unless, out of the goodness of their hearts, the partners decide to issue a companywide bonus. Otherwise, the higher-ups in the company are getting very rich. The employees do no not work out of the goodness of their hearts to make the owners rich or (for the vast majority) on the hope of ownership someday, they work because they get paid every other week.

Whether you think this is fair or not (it is), is largely irrelevant to the more important issue: If you don't get onboard with how the world works, you will have difficulty holding a job and you'll find yourself behind the curve instead of ahead of it, as you are trying to get now.

[edit] Something else from earlier, regarding the risk/reward for different people in the company. The owners of the company do have another source of risk that you aren't considering: they are older than you.
 
Last edited:
  • #39


russ_watters said:
Vanadium, I assumed Cyrus was talking about profit sharing, not revenue sharing. In essence, there is no such thing as "revenue sharing" - unless Cyrus is just using the terms interchangeably.

Cyrus, if you got 30% of the profit, that leaves 70% to split between the two owners (is it a 3 person firm or are there more people? What should they get?). Do you really think the two owners would be willing to take a 35% share and give you almost as much as they get? Those links contain a lot of text - could you cite a quote that you think says it is?

Cyrus, it would be *highly* unusual for an employee of a company - any company - to get a much, if any, fraction of the profit/revenue a patent of theirs generates.

What you are shooting for here is wildly unreasonable. You're going to need to get more reasonable expectations or you'll never be able to hold a job!

The chart on this link (http://legal.uncc.edu/policies/ps-7.html ), that is under the section: "E. Revenue Sharing"

I'm not sure how you are differentiating profit from revenue, can you expand on that.
 
Last edited by a moderator:
  • #40


russ_watters said:
Going back to something you said earlier: I work for an 80 man company which has partnership in some limited form for about 20 of them, with 10 or so getting around 1-2% and the others getting much more. The junior partners start at about age 40 and the senior partners start at about age 50. Some employees will never get partnership. The other 60 employees, some of which have 30 years experience, don't see a dime of profit unless, out of the goodness of their hearts, the partners decide to issue a companywide bonus. Otherwise, the higher-ups in the company are getting very rich. The employees do no not work out of the goodness of their hearts to make the owners rich or (for the vast majority) on the hope of ownership someday, they work because they get paid every other week.

Whether you think this is fair or not (it is), is largely irrelevant to the more important issue: If you don't get onboard with how the world works, you will have difficulty holding a job and you'll find yourself behind the curve instead of ahead of it, as you are trying to get now.

[edit] Something else from earlier, regarding the risk/reward for different people in the company. The owners of the company do have another source of risk that you aren't considering: they are older than you.

There is a huge difference between an 80 man, and 3 man company. In an 80 man company, I don't disagree with what you're saying. An 80 man company is worth several million dollars, and 1-2% of that is a fair amount of money (Assume each person makes 65k at that 80 man company. The net worth is at least 5.2 million. That means 1-2% is roughly their salary/company net worth - exactly what I said at the beginning). 3% of a 3 man company that has low net worth, is not equivalent (assume for the sake of the argument this company is worth 3-500k. Then 3% share is 15k.
 
Last edited:
  • #41


There's a lot of confused-sounding statements in all of that, Cyrus. Backing-up, there may be a definition problem here, but I'm not so sure - it looks more like you understand the words but think you are entitled to something you are not. Earlier you said this:
Cyrus said:
% of all revenue generated from patent ideas I come up with, which I think is a very good alternative.
Which implies to me that you do know the difference between revenue and profit. But just to make sure:

Revenue is the money receieved from the sale of goods and services.
Profit is revenue minus expenses.

Googling, it looks like the terms are sometimes used interchangeably, but if you look up the definitions in the dictionary, those are them and if you google "revenue sharing", you get "profit sharing".

The quote from you above implies you want revenue sharing. As Vanadium and I said, true "revenue sharing" does not exist, as it would put companies in a position where they could be giving their employees bonuses while going out of business because they are losing money. The company's interests always come first - and rightfully so.

Profit sharing is what you'd really want to ask for.

Figuring on Vanadium's exmple: if your company grosses a million dollars in sales next year at a 10% profit margin, that means it has $900,000 in expenses and leaves $100,000 at the end of the year in profit. Typically a partnership would have the partners getting together at the end of the year to decide what to do with that money. Ie, you might keep it in the bank to save for a rainy day, use it to buy new equipment or as a way to hire another person and expand...or you might split it among the owners/partners as a fraction of their equity stake in the company. Ie, a 20% equity stake would get you a $20,000 bonus. Or another non-equity based profit sharing agreement might exist or the owners could simply decide to allocate a fraction of it for bonuses out of the goodness of their hearts.
The chart on this link (http://legal.uncc.edu/policies/ps-7.html ), that is under the section: "E. Revenue Sharing"
I'll have to come back to this - I'm having an internet problem that is preventing me from accessing a bunch of websites right now.
There is a huge difference between an 80 man, and 3 man company. In an 80 man company, I don't disagree with what you're saying. An 80 man company is worth several million dollars, and 1-2% of that is a fair amount of money (Assume each person makes 65k at that 80 man company. The net worth is at least 5.2 million. That means 1-2% is roughly their salary/company net worth - exactly what I said at the beginning).
No. By that math, you're talking about revenue, not profit. Year-end bonuses are calulated on the profit in any sized company. Here's how the analysis really looks (and this is somewhat speculative, but based on what I know about my current firm):

-An 80 man engineering company with 60 production workers and 20 administrative staff operating at an average billing rate of $100 an hour and 80% billable takes-in just under $10 million a year.
-The average administrative worker makes about $40k and the average production worker makes about $80k. Company expenses directly tied to the workers may be another 30%. That's $7.3 million in salaries.
-Other overhead in the rent, utilities and insurance might be another $1.7 million (trying to keep the calculations round).
-That leaves, at the end of the year, $1 million in profit, or a 10% profit margin.

So at the end of the year, the 45-year-old junior partner or "shareholder" with a 2% equity stake and profit sharing gets a bonus of $20,000, assuming none of the profit is reinvested in the company.
3% of a 3 man company that has low net worth, is not equivalent (assume for the sake of the argument this company is worth 3-500k. Then 3% share is 15k.
If a company has only 3 employees, obviously you wouldn't give out 3% shares. Perhaps a junior partnership would be 10% or 20%, but recognize what I said previously: most employees of most companies do not get equity shares and for a young employee to be given one would be highly unusual.

You're in your mid 20s, right? Again, I will freely acknowledge that I don't know what your company does or what you do, but what you describe is *highly* unusual, both in your position in the company and what you are thinking about asking for. Perhaps you are a talent of extrordinary rarity, but I'm just playing the odds here in betting that you are not. More to the point, it is highly likely that you have a higher opinion of yourself than your bosses do of you. Again, I'm just playing the odds: that is nearly universal among young workers. The idea that an engineer in his mid-20s, with only ~5 years of experience could be so critical to an operation that he is irreplaceable and needs a high fraction of no-risk profit sharing to keep him, at a time when unemployment is 10% is, to put it midly, very difficult to accept.
 
Last edited by a moderator:
  • #42


Cyrus said:
The chart on this link (http://legal.uncc.edu/policies/ps-7.html ), that is under the section: "E. Revenue Sharing"

I'm not sure how you are differentiating profit from revenue, can you expand on that.
Ok, internet is working properly now. The quote:
E. Revenue Sharing

1. The University shall share technology transfer revenue that it receives from patents or inventions with the inventors. As noted in Section A.4., specific provisions of grants or contracts may govern rights and revenue distribution regarding inventions made in connection with sponsored research; consequently, revenues the University receives from such inventions may be exclusive of payments of royalty shares to sponsors or contractors. Moreover, the University may contract with outside persons or organizations for the obtaining, managing and defending of patents. Any expenses incurred for the services of such persons or organizations, as well as any and all incremental expenses incurred by the University in obtaining and maintaining patents and/or in marketing, licensing and defending patents or licenseable inventions, shall be deducted before the University distributes revenues as provided in Section E.2 below.
This quote looks to me to really does mean revenue, not profit. But recognize that a university is not a typical business. The university's revenue is primarily in the form of tuition from the students. Anything that the scientists can generate through patents is just gravy and can't adequatly be weighed against the university's total profit because it is such a small fraction of the total. A college like Penn State takes in several hundred million dollars in tuition a year. A $10 million idea from a scientist would get lost in that. So a true revenue sharing is necessary to adequatly compensate for that. Note, though, that the university still does deduct expenses associated with the patent/discovery before calculating net revenue. So it is somewhat related to a profit calculation. Consider it like a self-contained business inside the univeristy. And as this revenue for the university is just gravy, the university doesn't risk the type of situation I described before: where they could be going out of business while still handing out huge bonuses.

Bottom line: the quote is not applicable to a normal business.
 
Last edited by a moderator:
  • #43


So I talked with him over the phone. We hammered out some concerns. I talked to a few more folks (patent attorneys, etc). Overall, I'm ok with the contract. I got him to increase the company share to 4%, and were going to discuss the some percentage of patent sharing in the future.

On a side note: I talked with my contacts in San Diego, who are still interested. I also got a random call from the director of the wind tunnel to work on a project designing a boat airplane. Really cool project that would be partnered with GE for a DARPA proposal, and it would be working with a VERY well known Aircraft designer in the industry - DAMN! My good friend is having a hell of a time in this market finding a job, so I'm going to push them hard to hire him. I hope it gets it - it's a hell of an opportunity.
 
  • #44


Cyrus said:
So I talked with him over the phone. We hammered out some concerns. I talked to a few more folks (patent attorneys, etc). Overall, I'm ok with the contract. I got him to increase the company share to 4%, and were going to discuss the some percentage of patent sharing in the future.

On a side note: I talked with my contacts in San Diego, who are still interested. I also got a random call from the director of the wind tunnel to work on a project designing a boat airplane. Really cool project that would be partnered with GE for a DARPA proposal, and it would be working with a VERY well known Aircraft designer in the industry - DAMN! My good friend is having a hell of a time in this market finding a job, so I'm going to push them hard to hire him. I hope it gets it - it's a hell of an opportunity.
Congratulations Cyrus. I like how you have been approaching all of this. But then you are Cyrus.
 
  • #45


dlgoff said:
But then you are Cyrus.
Get a room, you two!
 
  • #46


turbo-1 said:
Get a room, you two!
Are you coming too? :mad:
 
  • #47


dlgoff said:
Are you coming too? :mad:
Certainly not in the Biblical sense! :smile:
 
  • #48


turbo-1 said:
Certainly not in the Biblical sense! :smile:

:smile: :smile: :smile:
 
Back
Top