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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1758
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I need to counter offer a job offer

Resolved Question:

I need to counter offer a job offer
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

I am a licensed professional here to help you with your question. I appreciate your patience while I respond to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you feel that I am unable to do so, please inform me of such and I will be happy to opt out of this question so that another expert may better assist you. Please remember that no attorney client relationship exists between us and anything said between us is not intended as legal advice.

Employment-LawExpert :

While every job is different there are a few steps you can utilize in order to counter a job offer without loosing it.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

How long ago did you receive the offer?

Customer:

I'd like to list to you the items that have issue with and how to best counter them and have a more balanced agreement.

Employment-LawExpert :

Go for it

Customer:

It's just one page offer, I don't have the contract yet. That's another a reason I want to reply carefully. It's for a doctor's position:

Customer:

Salary: $200,000. But the market rate is about $230 in my area, and that's what I'm making now

Employment-LawExpert :

Is that all you want to negotiate is the money? Or are you looking to negotiate other things as well such as vacation time, benefits, etc?

Customer:

2nd item in question: Accordingly, either you or XXX can terminate your employment relationship at any time, with or without cause, and with or without prior notice. Similarly, XXX retains the right to change your job duties, title, reporting level, compensation and benefits, as well as XXX’s policies, with or without notice, at any time.

Employment-LawExpert :

okay. please continue

Customer:

I have issue with achanging comp, benefites with or without notice?

Customer:

and rdp point: this offer doesn include the contract how many hours/days/month I will be working so I need it to be contingent on that being satisfiactory in the final conatrct

Customer:

that's what I have issues with

Employment-LawExpert :

Ok so first and foremost, you need to do a couple of things. First, you need to be very confident in the way you approach your hiring manager and you need to address everything not related to pay first. You can say that you are very interested in the position but there are a few things that concern you. You should start with the termination without cause part. You can point to the language of your current contract and state that you are concerned about the lack of job security in this. You can state that you would like the contract to state that you can only be fired for cause. Then, you can add to include a set of guidelines to define what your duties would actually be. Once you have established proper guidelines for each of these things (and only after) then you would bring up the salary issue by stating that you made 230k in your previous job and were wondering why the compensation for this position was so low

Employment-LawExpert :

Make sure that in all parts of the conversation, you constantly make statements about the impact that you will make in the position and why they choose you to begin with.

Employment-LawExpert :

Since you are a doctor, I imagine that you are specialized in one thing or another

Employment-LawExpert :

You should never make a demand when you are negotiating this. Simply raise questions and make requests. You are having a conversation, and the more the hiring person likes you, the more they will end up giving you

Employment-LawExpert :

If, however, you feel the need to write this all out, because you do not feel that you are a good negotiator, you can and should definitely do that

Customer:

I have 2 options : I can write up my concerns or I can the manager and talk. However I'd prefer writing so if you could help craft the right words to make my points that will be better

Employment-LawExpert :

If you do that, then you need to follow a basic guideline. First, you would talk about your interest in the position and the key points as to why you would be a good fit. Thank the employer for the job offer and make sure to really sell yourself. Then, in the next paragraph, you will speak about point 2. You will state the language you would like to change and state xxx can terminate the employment relationship with sufficient cause. Absent cause, xxx will provide (you) with 12 months severance. etc.

Employment-LawExpert :

Make sure to reinforce your proposal by talking about your value to this hospital/organization.

Employment-LawExpert :

Then go on to point 3. You feel that the guidelines for your employment should be set out in the terms of employment. You can state that you feel that you would be better able to perform the functions of your job if those functions were set out in writing so that both you and the company fully understood them so that there would be no confusion.

Employment-LawExpert :

Again, you would reinforce the value that you bring to the company

Employment-LawExpert :

Finally, you would talk about point 1. by saying that appreciate the offer but that you feel that a fair compensation rate would be 260k. You can state that you believe this to be true, because of thorough research (show the salary for doctors in your area) as well as point out what you originally made

Employment-LawExpert :

You should always ask for more than you want so that they can negotiate down that amount and feel like they won

Employment-LawExpert :

However, you should not be unreasonable or insulting in the amount that you ask for

Employment-LawExpert :

Again, make sure to reinforce the value you bring to the company.

Employment-LawExpert :

Finally, stress that the requests you made are modest and that you feel that your potential impact on this hospital/org is great and that you look forward to accepting the job offer and starting the position as soon as possible

Employment-LawExpert :

If you would like, you can add a paragraph about something in the offer that you completely agree on in order to create an appearance of balance

Employment-LawExpert :

If you did that, you would put that after your first paragraph stating something like, I appreciate that you have offered ....

Employment-LawExpert :

or something along those lines

Employment-LawExpert :

Does that make sense?

Employment-LawExpert :

Additionally, you should make sure to ask about anything that does not make complete sense

Employment-LawExpert :

If you need clarification in any way, or you need more information, now is the time to get it.

Employment-LawExpert :

Is that what you were looking for?

Customer:

I do agree, however it will help if you can put some of your remarks (at least the generic ones) formally for me so I can just fill in the other detail.

Employment-LawExpert :

Regarding termination: xx can only terminate (you) for cause on 180 days notice and with a reasonable period of time to cure the defect not to be less than 30 days established within a formal review. Cause as it applies to this agreement includes failure to comply with the practice's policies and procedures, fraud or material dishonesty with respect to the practice or its patients, conduct which reflects adversely upon the practice, and abusive behavior to staff, patients and colleagues.

Employment-LawExpert :

Did you want more language on the salary part?

Customer:

yes please

Employment-LawExpert :

Currently, I am making 230k at my current position. Further, according to (however you know the industry standard is 230k) the average salary for this position is 230k. While I feel that I can greatly benefit your company by (whatever you are good at) I would like to know that we can both move forward together. Accordingly, given my experience, the benefit your company will receive by having me head (or do whatever they are hiring you to do) and the ability to work together into the future, a more appropriate compensation would be between 250k -350k.

Employment-LawExpert :

Keep in mind that talking to a person is better than writing because you can gauge how they respond to your inquiries

Employment-LawExpert :

Is that sufficient?

Customer:

I thnik that'll help.thank you

Employment-LawExpert :

Not a problem. I hope I have provided you excellent service. Before you go, please do not forget to take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.

Employment-LawExpert :

Do you have any other questions this evening?

Customer:

not now thanks a lot

Employment-LawExpert :

Okay I will leave the chat now. Before you leave this evening please click one of the happy faces to the right of your screen. Have a wonderful rest of your night.

Brandon, Esq., Lawyer
Satisfied Customers: 1758
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 3 other California Employment Law Specialists are ready to help you

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