How a Software & It Services Business Hired a Lawyer to Review a Compensation Agreement in California

Yes, you can negotiate the terms of your employment agreement in California. Common negotiable terms include salary, benefits, job duties, severance packages, non-compete clauses, and confidentiality provisions. California law also provides certain protections, such as restrictions on non-compete agreements and rules governing overtime and wages, which can influence the negotiation process.

Hello! Congrats on the new job! One little-known, but very effective tool that lawyers use to settle matters outside of court is called principled negotiation.  All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you.  It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.  With that said, here are some simple steps you can follow: Figure out what the other side’s interests are (saving money, saving time, etc.?); Think about what your interests are (saving money, saving time, etc.?); Come up with 2 to 3 reasonable and objective ways to solve the problem; Present it to the other side; If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?” Consider what your best alternative to a negotiated agreement is.  This will give you confidence that no matter what, you'll have an option. Of course, these are just building blocks to get the other party to help solve the dispute.  Believe me when I say that good lawyers use this technique all the time to keep things out of court.  You’ll find that it is very effective even with the most stubborn of individuals. In your case, you could offer something like offer not to solicit current customers. Also, CA law prohibits non-compete agreements in most case anyway so this contract probably needs revision. Please come back to us so we can review it! Best of luck! Dolan