Hi Brian,
Once again, I am looking for your advice.
The
client that I was working with earlier was just offered the job. It is a position that currently serves at the pleasure of the Village Board of Trustees. His concern is that he is giving up a civil service position. He
will be uprooting his family and disregarding their financial security without an employment agreement. We discussed his asking for an employment agreement. I obtained copies of employment agreements from ICCMA,
International County City Managers Assocation. He has used these examples to design a draft of an employment agreement.
His concerns are:
- it is not a current practice of the village to have an employment agreement; and
- how to bring up this issue without losing the job offer.
Note, he is not willing to accept the job without some sort of severance pay, if he should be terminated at the whim of the board.
He has a meeting scheduled to discuss the job offer. My questions to you is how
would you suggest that he bring up this subject at the meeting.
I will appreciate whatever feedback you can send my way. Thanks.
From: Karen L. Ham, Director, Career Planning, SUNY Potsdam
ANSWER FROM BRIAN KRUEGER:
Hi Karen -
Good to hear from you again.
Your client is about the enter the phase of negotiation that I refer to in my book as "Unacceptable Offer Negotiation." It is
obviously important to understand the distinction between acceptable vs. unacceptable offer negotiation. Namely, that your client is willing to walk away unless certain conditions are changed/added in the offer. That
appears to be the case here and I will address it in that way.
First of all, your client should make sure that three things are communicated VERY clearly:
- That he is interested in the job and ready to accept...
- However, one condition needs to be addressed before that acceptance.
- What needs to be changed to make the offer acceptable (and accepted)
A typical script for this (taken from my book) is:
"I am still very interested in working with you and your company. However (never use the word "but"), at this point I am not able to accept the
offer for the following reason: (state your reason succinctly and what part or parts of the offer are lacking). If you are able to _____ (give your proposed solution), I would gladly accept the position. In fact, I
would immediately accept the position. Are you in a position to be able to help?"
Some key points in this approach:
- You are putting the job offer at risk. You are, in legal terms, making a counter-offer, which invalidates the original offer.
- You need to communicate specifically what is specifically lacking. In the case of your client, he needs to say that he is uncomfortable leaving a civil service position for a position that could be terminated at
the whim of the village board. It may also be appropriate to mention the extending factors, such as taking into consideration the long-term financial needs of his family. Build a bond.
- You must provide a specific (although NOT exclusive) solution. In this case, your client can provide a pro-forma employment agreement that could be used. This overcomes a typical objection of "we've never
done this before" which may in reality be "we don't know HOW to do this because we've never done this before." Provide them with a specific solution, yet provide flexibility. Allow them to offer
an alternative (and possibly equally acceptable) solution.
- You need to communicate that this is a closed-ended negotiation, by empowering them with the ability to bring it to closure immediately.
- You need to ask them to take action. Ball is in their court.
Keep in mind that there may be several different potential solutions that would all achieve the same results for your client. The village could provide a bonding or escrow to cover any dismissals (that would be
immediately given to your client in the event of termination). Or they may provide insurance continuation for up to one year. Or a specified amount of notice before termination (which is very similar to severance, since
most employers don't require the person to work regular hours after being given notice) Or outplacement assistance. Brainstorm on some of the possible additional solutions and be ready to provide alternatives. The more
alternatives available will increase your client's chances of closure.
All negotiation is subjective, yet as we further define our position and possible actions that can resolve, we make it more objective and easier
to resolve.
I hope these comments have helped. Make sure he reads through the entire negotiation chapter in my book, if he hasn't already. And note that this entire chapter will soon be available via AudioNet here on
the Web. Keep posted for more info on that...
Brian Krueger
Author of College Grad Job Hunter
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