Home Blog Employment Agreement Negotiation: Key Issues, Preparation Tips

Employment Agreement Negotiation: Key Issues, Preparation Tips

This page explains what employment agreement negotiation is, its key issues, and how a lawyer from ContractsCounsel can help you negotiate.

Jump to Section

What is an Employment Agreement Negotiation?

Employment agreement negotiations are discussions about terms in an employment agreement, such as regarding benefits, compensation, and more.

When reviewing your employment agreement, it’s important to bear in mind that this is a legally-binding contract. You want to ensure you’re satisfied with everything it contains so that you don’t risk legal consequences of breaching it.

Read the rest of this article to learn more about employment agreements and how to negotiate them effectively. We’ll cover key issues you can negotiate in your employment agreement, how to prepare for negotiations, tips for negotiating with your employer, and how a lawyer can help you achieve a favorable outcome.

What are Key Issues to Negotiate in Your Employment Agreement?

Employment contracts usually contain the following key terms. We’ve outlined what you should consider when negotiating with your employer.

  • Salary. This should include the full amount of compensation, including any bonuses. Ask your employer about the base salary increasing annually and what bonuses are available.
  • Benefits. Any paid time off, medical insurance, or other benefits will be stated. The agreement might explain how much of these the employer will cover.
  • Job role. This section of the employment contract will include your job title, duties, and tasks. You should ask if you’ll be allowed to take on other activities if you’d like to expand your career growth.
  • Termination. How you can end the contract needs to be clearly defined. This should also include what can cause early termination and any post-termination obligations, such as returning company laptops. You can negotiate benefits that come with termination, such as severance pay.
  • Non-compete. You should negotiate harsh restrictions after contract termination that can prevent you from working for the company’s competitors in a specific location and for a specific duration of time.

How Do You Prepare for Employment Agreement Negotiations?

You should prepare ahead of discussions with your employer so you increase your chance of successful negotiations. Here are some things to consider.

  • Think about your goals. This will help you gauge if the employment agreement is in line with your professional priorities, as well as identify what you’re happy to compromise on versus your non-negotiables.
  • Research your job role salary. Get a better idea of what salary is usually offered to people in similar job roles to you. Research similar job salaries online or speak to people you know who are in similar careers.
  • Remember to get everything in writing. When negotiations are done and you’ve reached an agreement, you should always get it in writing. This will protect you against any confusion or disputes in the future.
  • Review your employment contract. Before you start negotiations, make sure you understand everything in your employment agreement so that nothing is vague or misleading. Flag any concerning clauses that you feel don’t meet your needs.

If you need an employment agreement review, you should consult with a lawyer on ContractsCounsel, an online legal marketplace that connects clients with vetted lawyers. Post a project for free on the ContractsCounsel marketplace and lawyers will send you bids to work with you on the project. You can choose the best lawyer for your project based on factors such as their experience, previous projects, client ratings, and credentials.

How Do You Negotiate Your Employment Agreement?

Once you’ve prepared for your employment agreement negotiation, you should follow some tips on how to navigate the discussion.

  • Listen and ask questions. After presenting your case, you should listen to what your employer has to say and ask follow-up questions so that you encourage a two-way conversation that’s professional and respectful.
  • Get ready to compromise. It’s essential to think about your negotiables vs. non-negotiables prior to your discussion, as it will assist you in finding a middleground.
  • Avoid taking the first offer. This is because the first offer might not be the best one that you can receive.
  • Speak about your worth. You should explain why you think you deserve a higher salary or extra benefits. Mention your credentials, experience, and skills. You can also refer to research you’ve conducted to support your words.
  • Think beyond your salary. You might go into a negotiation for something, such as a higher salary, but your employer might not be able to budge on it. To prevent reaching a dead end in the negotiation, prepare alternatives you’d want, such as extra benefits.
  • Consult with a legal professional. An experienced employment lawyer will be able to guide you on the most effective way to negotiate with your employer.

How Can a Lawyer Help You With Employment Agreement Negotiations?

Since lawyers are experienced in helping people negotiate their contracts, you’ll benefit from consulting with them for assistance.

Here are examples of how they can help you.

  • They’ll check your employment contract for restrictive non-competes and one-sided terms that put you at a disadvantage.
  • They’ll help you know what requests will be reasonable and valid so you avoid hitting a dead end during the negotiations.
  • They’ll negotiate more than just your salary, such as by considering your severance, bonuses, equity, and remote work opportunities.
  • They’ll coach you on what you should say during negotiations—and what you should avoid so that you maintain a professional stance.
  • They’ll avoid accepting the first offer so that you prioritize your interests.
  • They’ll consider what happens after contract termination, so you can take advantage of benefits owing to you.
  • They’ll minimize your risks, such as advising you against accepting legally-binding terms that are unfair or unreasonable.

Do you need to hire a lawyer for an employment agreement negotiation?

You should contact a lawyer on ContractsCounsel. All lawyers on the platform are vetted and have years of experience in assisting clients with successful employment agreement negotiations. They’ll minimize your risks, protect your interests, and help you get better contract terms.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Jon F. on ContractsCounsel
View Jon
4.9 (8)
Member Since:
April 18, 2024

Jon F.

GEORGIA licensed attorney
Free Consultation
Walhalla, South Carolina
6 Yrs Experience
Licensed in GA
Emory University School of Law

Hello! Interested in transactional and remote work. I primarily do real estate closings in northeast Georgia (I am ONLY LICENSED IN GEORGIA) but can also do other transactional matters from time to time. You have definitely heard of my litigation work -- now I'm happy on the transactional side!

Recent  ContractsCounsel Client  Review:
5.0

"Jon was very patient and flexible when we decided to change directions. He was very helpful and accommodating."

David S. on ContractsCounsel
View David
Member Since:
April 15, 2024

David S.

Experienced Counsel
Free Consultation
Wayne, New Jersey
45 Yrs Experience
Licensed in NJ, NY
St. John's University School of Law

An experienced attorney, fully versed in all facets of commercial and developmental real estate, and general corporate practice, including representing all parties in purchasing, asset purchases, leasing and financing transactions. Experienced in the following areas: Real Estate Development/Development Projects • General Contract Drafting and Negotiation • Construction Contracts •Bankruptcy• Corporate Governance • Transactional Real Estate • Real Estate Financing • Litigation Mergers/Acquisitions • Labor and Employment • Management Equipment Leasing • Land Use • Landlord Tenant Matters

Jalyn P. on ContractsCounsel
View Jalyn
Member Since:
May 7, 2024

Jalyn P.

Managing Attorney
Free Consultation
Columbus, Ohio
10 Yrs Experience
Licensed in GA, OH
Cleveland State University

The J. Parks Firm is a boutique law practice that primarily focuses on Business, Intellectual Property and Family Law Matters. We believe that each client's needs are unique and we work to tailor individualize solutions for you. Feel free to shoot us a message to see if we are a good fit for your legal needs.

Melissa T. on ContractsCounsel
View Melissa
Member Since:
April 15, 2024

Melissa T.

In-House Counsel
Free Consultation
Hoboken, NJ
19 Yrs Experience
Licensed in NY
American University Washington College of Law

New York licensed attorney with 17 years of Commercial Real Estate. In-house since 2009. Generalist experience in many areas of law, including Corporate, Real Estate, Finance, Securities, Commercial, Litigation, Cybersecurity, Privacy, Labor, Landlord Tenant, Alternative Dispute Resolution, Transactions and Leasing, etc.

Jodi B. on ContractsCounsel
View Jodi
Member Since:
April 1, 2025

Jodi B.

Attorney
Free Consultation
Mount Laurel NJ
23 Yrs Experience
Licensed in NY, OH
Western New England University

I'm a New York Attorney, who would love to review contracts, negotiate on your behalf, review title, and inspection reports to ensure you buy or sell your home with marketable title.

Justine F. on ContractsCounsel
View Justine
Member Since:
April 15, 2024

Justine F.

Real Estate Attorney
Free Consultation
Temecula CA
29 Yrs Experience
Licensed in CA, MI
University of Notre Dame Law

Versatile, analytical, detail-oriented California barred corporate attorney with a comprehensive real estate, transactional and finance background as in-house counsel to large real estate developers, asset and property management companies, Fortune 500 quick service retailers/restaurant franchisors and international energy franchisors (retail and gasoline/mini market). Strong analytical and problem-solving skills, work ethic and integrity. Enthusiastic and quick mastery of new responsibilities, technologies and business strategies.

Brian A. on ContractsCounsel
View Brian
Member Since:
April 16, 2024

Brian A.

Legal Director
Dubai, UAE
18 Yrs Experience
Licensed in TX
Duke Law School

I have been in corporate practice for over 14 years dealing primarily with complex engineering, construction, and project management contracts as well employment contracts.

Marlene G. on ContractsCounsel
View Marlene
Member Since:
May 14, 2024

Marlene G.

Real Estate Lawyer, Sole Practitioner
Free Consultation
Miami, FL
34 Yrs Experience
Licensed in FL
Stetson University College of Law

Highly skilled Real Estate Counsel delivering favorable outcomes for clients in real estate transactional matters. Extremely effective negotiator, detail oriented and a licensed real estate broker. Served as In-House counsel for an international real estate development company for more than 10 years.

Romina S. on ContractsCounsel
View Romina
Member Since:
April 18, 2024

Romina S.

Managing Attorney
Free Consultation
Morristown, NJ
20 Yrs Experience
Licensed in NJ, NY
St. John's University School of Law

Attorney licensed in New York and New Jersey with over 15 years of experience in Real Estate, Property Law and Collection/Debt Defense Law.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a legal contract?

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers
EMPLOYMENT AGREEMENT NEGOTIATION LAWYERS BY CITY
See All Employment Agreement Negotiation Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city