Among the types of deferred compensation included in an employment contract and subject to 409A are generally: the lawyers in Outten & Golden`s Executives & Professionals Practice group are experienced in all aspects of executive employment and compensation. While we are not tax lawyers, we understand the tax impact of converted compensation and can review and negotiate job exchange and compensation agreements to protect your compensation and avoid unnecessary pitfalls. For the employer, deferred compensation is a way to attract and retain talented people, including key workers. Many deferral plans provide for the forfeiture of compensation in the event of voluntary departure of the worker, or even dismissal without reason.