As the Panther employment agreement is not a tripartite agreement, rendering an employee eligible to participate in your equity/option package would create joint and severe liability for you in employment claims, and conversely, create liability for us in relation to a benefit over which we have no control.
That said, Panther customers have the freedom to agree on such benefits in the form of non-qualified stock options (NSOs) with employees in a direct contract. However, Panther will not be a party to it.
They need to be offered as non-qualified stock options (NSOs), not incentive stock options (ISOs) because the employee is employed by our local entities.
In this case, the model for contractors or consultants can be utilized, where you're issuing NSOs to a "non-employee" who is working with (not for) you.