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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 negotiaGetting the full understanding of an employment contract gives job applicants the opportunity to explore further negotiations that may lead to a better deal for them. (Photo Credit: Andrey Popov via Adobe Stock) tions. Don’t let that be the case for you. It can be challenging to know if a job offer is fair or if it’s less than what other employees receive. The U.S. Supreme

While job prospects during the pandemic might make duties and expectations in the contract itself. This is impor- Court found that LGBTQ individuals are you inclined to accept the first offer you receive, it’s still tant because if your pay matches that of other employees, a protected group from employment discrimination. reasonable to negotiate your employment contract if you do then so should your job expectations and duties. This protection also applies if you are denied an offer or so strategically. Knowing how to negotiate your employment Many employment contracts also include terms that discriminated against while seeking employment.The U.S. offer and contract is something that requires preparation, allow the employer to control what you can do outside of Equal Employment Opportunity Commission (EEOC) gives the same way that you prepare for an interview. the workplace, what grounds there are for termination and you the right to file a complaint against an employer if

Start by researching the employer and job market even restrictions that apply after employment termination. they discriminate against you in not offering you a job, trends. It will be easier to determine if you need to negoti- When negotiating your contract, ask questions aimed make discriminatory remarks or even treat you differently ate your job offer if you know what the market expecta- at understanding the terms of the contract first. For in their offer of the position. tions are for your experience in that specific industry. instance, if the employment contract has provisions that Since the legal standard only recently changed in June,

One key thing to remember is that negotiating begins seems vague or overly restrictive, ask about the purpose there is definitely still work that needs to be done to enfrom your very first interactions with a potential employer. of those provisions so that you can start a conversation if sure that the rights of the LGBTQ community are protectFrom the first email, phone call and interview, you are be- changes need to be made to those terms. ed when it comes to employment discrimination. Now that ing assessed as a potential employee, and you should also Employers will often use standard form contracts, which you know your rights and the advantages of negotiating, assess the company as a future employer. When you are might include restrictions that are unreasonable for your make sure to negotiate to get the best job offer and the provided with any information about the future employer, job position or compensation level. A non-compete clause fair contract you deserve. : : make sure you use that information when reviewing and is an example. It can control where you’re allowed to work negotiating your contract. after your employment contract is terminated. Violating a Sara Shariff is an attorney with Hull and Chandler in Charlotte

Here’s an example of what this looks like. When you ask non-compete clause can lead to lawsuits and paying dam- who practices business law and estate planning law. Her fields at an interview about the expectations for the position, use ages to the employer and may even jeopardize your future of expertise include business formation, contracts, corporate the answer they provide and check if they include additional employment opportunities. transitions and mergers and acquisitions.