"The large print giveth
and the small print taketh away."
Tom Waits

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“Words of Intention -
Be Wise to This
Common Trap
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100-Point Checklist
of Employment
Negotiation Issues
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Read our Newsletters and Q & A’s:

i. Common Clauses and Provisions

  1. NL 1: Garden Leave . . . Is Negotiable
  2. NL 2: Know Who Your Employer Is? – You May Be Wrong.
  3. NL 3: The Ambiguities Clause . . . What’s That?
  4. NL 4: “Background Check” Provision – A Risk to Reduce or Eliminate Entirely
  5. NL 5: “Change of Control” Provision – 10 Questions You Need to Ask
  6. NL 6: “Employer’s Sole Discretion” Provisions – Six Points to Consider
  7. NL 7: “I Am Not Restricted” Clause in Offer Letters – Potential Roadblock
  8. NL 8: “Incorporated by Reference” Provision – Brings in Other Agreements, etc
  9. NL 9: “Injunctive Relief” Clauses in Contracts – What Do They Mean?
  10. NL 10: “Integration” or “Entire Agreement” Clause – Nothing Spoken Counts
  11. NL 11: “Required Notice” Provision – A Suggested “Win – Win” for All
  12. NL 12: “Successors and Assigns” Clause – Probably Valuable, If Correctly Written
  13. NL 13: “Term” or “Duration” Clause – Here are 10 Alternative Improvements
  14. NL 14: “This Contract Must Be Kept Confidential” Clause – Seven Points to Ponder
  15. NL 15: “Whereas” Clauses – The “Introduction” Clauses – Don’t be Hoodwinked
  16. WD 1: Boilerplate – Key Words & Phrases
  17. WD 2: Incorporated by Reference – Key Words & Phrases
  18. WD 3: Voluntary – Key Words & Phrases

ii. Suggested Clauses and Provisions

  1. NL 1: Key Man / Key Woman Clause – How to Protect Your Key Business Relations
  2. NL 2: Offer Letter or Company Plan – Which One Governs?
  3. NL 3: “In-The-Meantime” Clause – This is One to Remember, and Request
  4. NL 4: “No Less Favorable” Clause – Helpful, Especially at Negotiation Impasse
  5. NL 5: “Repayment Obligations When Leaving a Job – How to Get Them Waived”

iii. Miscellaneous Newsletters and Q & A’s

  1. NL 1: Non-Solicitation Does NOT Mean Non-Communication
  2. NL 2: Promise Received at Work? Ask These Two Critical Questions
  3. NL 3: Robbery by Repurchase Rights – A Private Equity Story
  4. NL 4: You Must Protect Your “B.O.B.” (Book Of Business, That Is)
  5. QA 1: “Any way I can make sure I will get a promised promotion?”
  6. QA 2: “Can we enforce an employer’s promise to employ us ‘for life?'”
  7. QA 3: “Does a repayment obligation in an employment contract become invalid if there is no ‘survival clause?'”
  8. QA 4: “If an agreement is signed by “J. Smith, Pres., XYZ Company,” is it a personal or company obligation?”
  9. QA 5: “If I can’t get a work visa, can an employer withdraw a job offer?”
  10. QA 6: “If laid off near year-end, am I entitled to partial bonus?”
  11. QA 7: “In a ‘successors-and-assigns’ clause, what are the employee’s heirs obligated and entitled to?”
  12. QA 8: “Is a change-in-control provision in an executive employment agreement the same as a separate change-in-control agreement?”
  13. QA 9: “Should I get extra compensation for extra services and extra success by my employer?”
  14. QA 10: “What are ‘Moral Rights’ in things I create at work?”
  15. QA 11: “What if my employment contract and employee handbook conflict?”
  16. QA 12: “What is a ‘change of control’ for vesting purposes?”
  17. QA 13: Workplace Negotiating Insight No. 15: “Standard Language” . . . There’s no such thing.
  18. QA 14: “Are employers required to reimburse internet expenses for home-based employees?”
  19. QA 15: “Is this ‘Successors and Assigns’ clause a problem?”

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“If you live your life the right way,
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