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Strategically Negotiate Your Employment Contract Legal Eagles
BY Sara Shariff, attorney | guest WRITER That’s why it’s essential to understand the terms before you sign the contract, and why you should negotiate the terms if the restrictions are unfair. The key is to leverage any restrictions in your contract so that they match the work you’ll do and the compensation you’ll receive. If you’re comfortable with strict restrictions, for example, then ask for higher compensation or benefits. If you’re willing to forego higher pay, then point out the pay doesn’t justify strict restrictions and ask for certain restrictions to be relaxed or eliminated. A safe approach is to initiate the conversation by asking questions about the terms of the offer or contract, find no more than five items to negotiate and then ask for the future employer to provide a better offer with justifications about why you think those negotiated terms are fair. People often miss the window of opportunity to negotiate their employment offer because they were too hesitant or didn’t approach the conversation strategically. I’ve seen this is especially true for minority groups, including LGBTQ employees, and people who don’t come from stable or well-off backgrounds. These employees can be notably less confident and more risk-averse in negotiations. Don’t let that be the case for you. Getting the full understanding of an employment contract gives job applicants the opportunity to explore further negotiations that may lead to a better It can be challenging to know if a job deal for them. (Photo Credit: Andrey Popov via Adobe Stock) offer is fair or if it’s less than what other employees receive. The U.S. Supreme Court found that LGBTQ individuals are duties and expectations in the contract itself. This is imporhile job prospects during the pandemic might make a protected group from employment discrimination. tant because if your pay matches that of other employees, you inclined to accept the first offer you receive, it’s still This protection also applies if you are denied an offer or then so should your job expectations and duties. reasonable to negotiate your employment contract if you do discriminated against while seeking employment.The U.S. Many employment contracts also include terms that so strategically. Knowing how to negotiate your employment Equal Employment Opportunity Commission (EEOC) gives allow the employer to control what you can do outside of offer and contract is something that requires preparation, you the right to file a complaint against an employer if the workplace, what grounds there are for termination and the same way that you prepare for an interview. they discriminate against you in not offering you a job, even restrictions that apply after employment termination. Start by researching the employer and job market make discriminatory remarks or even treat you differently When negotiating your contract, ask questions aimed trends. It will be easier to determine if you need to negotiin their offer of the position. at understanding the terms of the contract first. For ate your job offer if you know what the market expectaSince the legal standard only recently changed in June, instance, if the employment contract has provisions that tions are for your experience in that specific industry. there is definitely still work that needs to be done to enseems vague or overly restrictive, ask about the purpose One key thing to remember is that negotiating begins sure that the rights of the LGBTQ community are protectof those provisions so that you can start a conversation if from your very first interactions with a potential employer. ed when it comes to employment discrimination. Now that changes need to be made to those terms. From the first email, phone call and interview, you are beyou know your rights and the advantages of negotiating, Employers will often use standard form contracts, which ing assessed as a potential employee, and you should also make sure to negotiate to get the best job offer and the might include restrictions that are unreasonable for your assess the company as a future employer. When you are fair contract you deserve. : : job position or compensation level. A non-compete clause provided with any information about the future employer, is an example. It can control where you’re allowed to work make sure you use that information when reviewing and Sara Shariff is an attorney with Hull and Chandler in Charlotte after your employment contract is terminated. Violating a negotiating your contract. who practices business law and estate planning law. Her fields non-compete clause can lead to lawsuits and paying damHere’s an example of what this looks like. When you ask of expertise include business formation, contracts, corporate ages to the employer and may even jeopardize your future at an interview about the expectations for the position, use transitions and mergers and acquisitions. employment opportunities. the answer they provide and check if they include additional
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qnotes
Nov. 27-Dec. 10, 2020
