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Negotiating the Job Properly


No matter what your job classification is, never be afraid to negotiate a job. When key terms are not discussed before the hiring, misunderstandings and confusion often follow. The more points you insist on, the more benefits and protections you will obtain. Salary, title, duties, authority, bonuses, and job advancement are fair game for negotiation. On the other hand, fringe benefits, and profit-sharing and pension plans may be fixed and not open to negotiation. Do not expect to get everything you request. However, by understanding the terms to ask for, you can receive additional benefits and protection. The following checklist is a comprehensive guide of things to consider asking for, with fall-back strategies if your initial requests are denied.

Job Security

1. Your goal is to avoid being fired suddenly at the employer's discretion.

2. Ask for a fixed contract term, such as one-year. If you can get a one-year contract in writing, the employer cannot fire you prior to the expiration of the one-year term except for a compelling reason (i.e., cause). This is often difficult for the employer to prove.

3. If the employer refuses to hire you for a definite term, ask for a guarantee that you cannot be fired except for cause or unless you fail to achieve certain goals (for example, reach a minimum sales quota if you are being hired as a salesperson). This request can give you needed protection without locking the employer into giving you job security.

4. If this request is refused, ask to be guaranteed a written warning stating a definite period of time (for example, 30 days in which to cure alleged deficient performance) before being fired.

5. If this request is refused, ask to receive written notice (say, 30 days) before any firing can be effectuated. This is called receiving notice of termination before the effective termination date so you can plan ahead and look for other employment while still collecting a paycheck.

6. If this request is refused, request pay in lieu of notice in the event you are fired without warning; for example, ask to receive two weeks' additional pay at your current salary level in the event you are fired suddenly. This notice pay is in addition to severance pay (which is discussed next).

7. Inquire if the initial probationary period is guaranteed. For example, if you are told that you will be on probation during the first three months after your hire as an evaluation period for the company to determine if it wishes to offer you full-time employment, clarify that you cannot be fired during the first 90 days, especially if you are relocating or are resigning from a good position to accept the job.

Severance

1. Try to obtain a predetermined severance package before being hired. Does the employer have a definite stated policy regarding severance, such as one month of severance pay for every year worked?

2. Inquire whether severance is paid if you resign for a good reason as opposed to being fired. Most companies do not pay severance upon resignation or when the termination is for cause.

3. Request that notice pay (discussed above) be handled separately from severance pay.

Vacation Pay

1. How much vacation pay you get often depends on your salary grade, type of job, and how well you negotiate.

2. Be sure to understand how vacation pay is computed and other important matters regarding the granting of vacation time.

3. Ask that vacation days be carried over to the next year if they are not used, or that you will be paid for unused vacation days. Avoid allowing the company to state that vacation days are forfeited if they are not used in a given year.

4. Negotiate the amount of vacation days to increase depending on the number of years with the company (for example, three weeks of vacation pay for the first five years, increasing to four weeks of paid vacation annually from years six through ten).

5. Understand the amount of notice that is required to be given before you can take vacations.

6. Must vacation days be taken all at once, or can they be staggered? Are there times during peak seasonal demands when requests will not be granted?

7. If you leave or are terminated, what is the company's policy toward paying unused vacation time. In most states, it is illegal for employers to withhold accrued vacation days, even if you are fired for cause. Check with the Department of Labor in your state or speak to competent legal counsel where applicable.

Personal Days

1. Negotiate for a minimum number of personal days (say 10 per year) to be paid.

2. Inquire about permitted absences due to medical and dental appointments, bereavement, maternity leave, and other leaves of absence.

3. Inquire about benefits available if you must take an extended leave, such as maternity leave or leave for child care after the birth.

Salary and Overtime Pay

Copyright 1998 Steven M. Sack

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