What terms can I negotiate in my employment contract?
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What terms can I negotiate in my employment contract?
My name is ****** and I have received an offer and am not sure what types of terms I am able to negotiate outside of the salary. I am fairly happy with the salary (I may ask for a slight increase), but I don't know what the other terms mean and wanted to see if someone could help me think about what employment terms are typically negotiated and what is considered "fair"
If helpful, I am located in California. The industry I am in is technology (I am a front-end developer). The company is a SaaS startup that's growing quickly. Stock options are also part of the comp package.
Hello ******! Thank you for coming to contractscounsel.com! My name is Dolan and I am happy to help! In an employment contract, several terms beyond salary are often negotiable. Since you’re reasonably satisfied with the salary, consider negotiating stock options, bonuses, benefits, flexible work arrangements, and terms around professional development. Stock options are a SIGNIFICANT component of tech startup compensation packages, so it’s worth understanding the vesting schedule, acceleration clauses (e.g., how options vest if the company is acquired), and any buyback provisions if you leave. You may ask for a larger grant of options or a more favorable vesting schedule if you plan to be with the company long-term. Bonuses, whether annual or performance-based, are another area you could discuss. Startups may not always offer large bonuses, but if they do, inquire about eligibility, criteria, and timing. Benefits are also critical, particularly around health insurance, retirement contributions, paid time off, and wellness programs. In a field like front-end development, continuing education and learning is super important, so many employees negotiate for professional development opportunities, such as stipends for courses, conferences, or certifications. These things add value to the company, to you as an employee, but most importantly are tax deductible for the company. Non-compete clauses are generally prohibited in California, so if you see one in there, use that as a red flag to renegotiate. Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can. Thanks so much! Dolan
AWesome - this is great. Thanks for the thorough response and I never thought about negotiating a bonus. That would be good. Regarding stock optoins, they have told me it is a standard vesting schedule - 4 years with a 1 year cliff. It looks like I get all of the options at 4 years and a chunk after a year. Is this normal?
Also, do you mind explaining to me buyback provisions and acceleration clauses? I have never heard of those before.
Hello! To answer your follow-up question, yes, the vesting schedule you're describing is a typical structure for stock options in many companies. Generally, with a 4-year vesting schedule and a 1-year cliff, you won’t receive any vested options until you complete your first year. After the 1-year cliff, a "chunk" (usually 25% of your total options) vests at once. This initial cliff period is often intended to encourage retention by ensuring employees stay with the company for at least a year. Following the cliff, the remaining options typically vest incrementally (often monthly or quarterly) over the next three years until you reach full vesting at the end of four years.
To your 2nd question: Buyback provisions are agreements that allow the company to purchase back the stock options or shares from you if you leave the company. So, if you quit or are let go, the company might have the right to buy back the shares you've earned. This is often done to keep ownership within the company and ensure that only current employees hold shares. An acceleration clause is a condition that speeds up the schedule for when you fully own your stock options. So what I mean is, normally, you earn these options over time (they "vest"). But if certain events happen (e.g. a company sale or a layoff) the acceleration clause lets you receive all your remaining stock options right away. This is meant to protect you, so you don't lose out on unvested options because of changes beyond your control. Did you have any other details you needed addressed or did you have any any concerns in general you still needed addressed?
No I think that's it. Thank you!
Let me know if there is somewhere I can rate this chat - it was helpful and glad we connected.
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