Home Q&A Forum Can I negotiate the terms of a compensation agreement with my employer?

Employee Rights

Compensation Agreement

California

Asked on Oct 20, 2024

Can I negotiate the terms of a compensation agreement with my employer?

I recently received a job offer from a new employer, and they have presented me with a compensation agreement that outlines my salary, benefits, and other financial arrangements. While I am excited about the opportunity, I have some concerns about certain aspects of the agreement, such as the bonus structure and non-compete clause. I would like to know if it is possible to negotiate these terms with my employer before accepting the offer, and if so, what steps should I take to initiate the negotiation process?

Answers from 2 Lawyers

Answer

Employee Rights

California

Answered 628 days ago

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

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Answer

Employee Rights

California

Answered 628 days ago

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.

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i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable

My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.

View Christopher M.

4.9 (8)

Christopher M.

Answered Sep 13, 2022

Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.

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Employee Rights

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Asked on Sep 28, 2022

I have a question about California severance pay

Just received a notice from company for an immediate layoff

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Christopher M.

Answered Sep 30, 2022

There is no requirement under California law that a company pay severance to a terminated employee. Your severance pay will be controlled by either your employment agreement or employee handbook. However there are certain things, like paying you your final paycheck immediately that your company will be required to do under California law.

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Employee Rights

Confidentiality And Noncompete Agreement

California

Asked on Dec 21, 2023

Are non-competes required in an NDA in California?

I run a small business. I am hiring an employee and would like to know if non-competes required in an NDA in California?

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Darryl S.

Answered Jan 23, 2024

No, not required and generally should be treated with caution. How can I help?

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Employee Rights

Sales Commission Agreement

California

Asked on Sep 10, 2024

Can a sales commission agreement be enforced if it was not signed by both parties?

I work as a sales representative for a company and recently discovered that my commission structure was changed without my knowledge or consent. I was never given a new sales commission agreement to sign, and the changes were only communicated to me verbally. I have been receiving reduced commission payments for the past few months, and I am wondering if the original commission agreement can still be enforced even though it was not signed by both parties, or if the verbal changes are legally binding.

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Dolan W.

Answered Oct 1, 2024

Hello! I'm sorry for your situation. Generally, an agreement can be enforced by the actions of the parties, by written agreement, or by oral agreement. Hello! I'm sorry for your situation. Generally, an agreement can be enforced by the actions of the parties, by a written agreement, or by oral agreement. In your case, you mentioned that the changes were communicated to you verbally. Assuming that the agreement you had was not for some fixed term and did not require advanced written notice, changes to the agreement are generally going to be legally allowed. The best thing to do is to check your original agreement to see if it was for a fixed term or if changes needed specific procedures (e.g., written notice). Happy trails!

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Employee Rights

Employment Handbook

California

Asked on Sep 13, 2024

Can my employer change the policies in the employment handbook without notifying the employees?

I recently discovered that my employer made significant changes to the employment handbook, including policies regarding vacation time, sick leave, and disciplinary procedures, without notifying the employees or providing us with an updated version of the handbook. I am concerned about the legality of these changes and whether my employer can enforce them without proper notification and acknowledgment from the employees.

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Dolan W.

Answered Oct 4, 2024

Hello! I'm so sorry this is happening to you. Generally, if you have a contract (the handbook or policy), then you are bound to those terms. If the employer changes the terms, they are allowed to; however, they need to give you some notice of the change in those specific terms in advance. This means that they should give you notice equal to the time between pay periods (e.g. two weeks). If they make a change, then it's not technically enforceable until you get proper notice. The notice does not need to be in writing. Good luck! Dolan

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Can I negotiate the terms of a compensation agreement with my employer?

Answers from 2 Lawyers

Dolan W.

Jared S.

Benjamin W.

Faryal A.

Steven S.

Keidi C.

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