The "Employee #4" Risk: Is Your Scale-Up's Growth Outpacing Your Legal?

    It's a familiar story. Ten years ago you started in a coworking space. Today you're scaling fast. Tucked away in a dusty digital folder, though, is a real operational liability.

    26 February 20264 min readOperational Risk

    Employee #4 and #9 are still on their original contracts.

    Back then, they were scrappy builders. Today, they are heavy-contributing executives. Yet, many of these "O.G." leaders are still on 4-week notice periods.

    The Reality Check

    If your C-suite or key department heads can walk out the door in 20 business days, you don't have a transition plan. You have a crisis.

    In a hyper-growth phase, a 4-week handoff is impossible for:

    Succession

    You can't find and onboard a high-level replacement in a month. Executive search alone takes 6 to 10 weeks, and that's before day one.

    IP Protection

    These individuals hold the "tribal knowledge" and strategic DNA of your company. Four weeks isn't enough time to extract a decade of institutional memory.

    Investor Confidence

    During due diligence, "key person risk" is the first thing auditors look for. One month of coverage for a critical exec is a red flag.

    The Solution: Professionalising the Partnership

    If you've scaled significantly in the last 5 years, it's time to move your "anchors" to 3-month notice periods.

    The good news? It's usually an easy conversation. Most early employees are already tied to the long-term mission via discretionary bonuses or equity. Updating the contract is simply about matching their legal status to the massive impact they already have.

    Founder/CEO Tip

    Don't wait for a resignation letter to realise your executive team is still on an entry-level contract. Audit your "legacy" contracts today. Your future self will thank you.

    Need help with executive contracts?

    We've been advising scale-ups on benchmarking executive notice periods, compensation structures, and succession planning for over a decade.

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    Queensland Executive Salary Guide · October 2026 edition

    What Queensland executives are paid, by role and business size.

    CEO base salary runs from $250k in a $10 to 30 million business to $800k+ above $100 million. Base, bonus and long-term incentive ranges for 27 executive roles.

    Read the salary guide