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by vinceguidry 3404 days ago
I fought a contract clause, it was a separation agreement rather than an employment contract. I imagine you would have a lot less leverage going in than you do going out.

The first key I found is to make it easier for them to say yes than to say no. I simply refused to sign my separation agreement unless we could change the line. Like everyone else, I got the "it's standard policy" bullshit, I just nodded, said nothing, and went back to my desk.

It's an intimidation tactic, those contracts are done up by lawyers and modifying them potentially exposes them to liability, they'd have to get a lawyer to look at amended agreements and that costs $. Intimidation tactics are generally used when they don't have any real leverage to use. Just don't give in, and keep asking for the change. Works best if you're actually prepared to walk, you don't want them to call your bluff.

After it became clear to them that I wasn't going to do it, they agreed to the change, but only after a stern discussion that I was not to discuss it with anyone. If we didn't already enjoy a friendly, trusting relationship I doubt I could have gotten away with it.

If you're not willing to walk away, then of course your leverage is limited. Their BATNA was basically to fire me without cause, they had more to lose than I did.

In your case I'd appeal to their sense of decency. Assure them that you won't tell anyone about it, that's a big reason for the "standard policy" bullshit. And then say that if you'd realized how onerous the contract provisions are, you would have never even applied for the position. That lets them know you're serious. Tell them you're prepared to walk out over it but you'd really like to make a deal so you can get to work. Presumably the employer actually wants you and you have champions at the company.

1 comments

Where were you working that "fire me without cause" would have been difficult for them?
Well, they were switching architectures and wanted to retain me in a contracting capacity. They'd offered to keep me on but I was ready to move on. I got a nice severance and I'm still receiving contract income from that client. Getting my final check soon.

Doing all that without a contract in place would have been tough on them to say the least. They had another Rails consultant lined up to replace me, but I was a lot cheaper.