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Negotiating Employee Contracts

New York Employment Contract Review and Negotiation

An employment contract can affect compensation, responsibilities, termination, dispute procedures, and choices after the job ends. Reviewing the complete agreement before signing can prevent surprises. An employment contract attorney can explain the language’s practical effect and identify points for discussion.

If you’re concerned about a workplace decision or document, preserve the relevant records and seek advice promptly. Procedures and deadlines can vary.

Which provisions deserve close attention?

Review job duties, term, compensation, bonuses or commissions, benefits, termination standards, severance, confidentiality, intellectual property, dispute resolution, choice of law, and post-employment restrictions. Defined terms and attached exhibits can materially change a provision’s meaning.

What may be negotiable?

Negotiation depends on the role, employer, market, and employee’s priorities. Possible topics include compensation mechanics, performance targets, termination protections, severance, expense treatment, restrictions, and dispute procedures. An employment agreement lawyer can help frame focused requests.

How should you prepare?

Gather the offer, job description, compensation materials, prior drafts, and any promises made during recruitment. List your priorities and questions. Don’t rely on an oral assurance if the written agreement says something different.

How Fitapelli & Schaffer LLP can help

Fitapelli & Schaffer LLP is an employment contract law firm representing workers in employment matters. The firm can review proposed language, discuss negotiation strategy, and help clarify obligations before signing.

This page provides general information, not legal advice. Reading it or contacting the firm doesn’t create an attorney-client relationship. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS ABOUT Negotiating Employee Contracts


When should I have an employment contract reviewed?

Ideally before signing or accepting revisions. Early review provides time to understand the terms and raise focused questions.

Are bonus and commission terms important?

Yes. Definitions, conditions, timing, discretion, and what happens at separation can affect whether compensation is earned or paid.

What is a restrictive covenant?

It’s a provision that may limit certain conduct during or after employment, such as competition, solicitation, or use of confidential information.

Can an employer change the draft?

The parties can propose revisions before signing. Whether the employer agrees depends on the circumstances and bargaining positions.

Should verbal promises appear in the agreement?

If a promise matters to your decision, ask that it be addressed clearly in the written document. Integration clauses may limit reliance on outside statements.

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