You've been offered a job. You're excited. And then you get the employment contract — a document full of legal language, defined terms, and clauses you don't fully understand. Most people just sign it. But that's a missed opportunity. Employment contracts are negotiable, and even small changes can protect you significantly.
The problem is that many people don't know what to negotiate, when to push back, or how to have that conversation without risking the job offer. This guide walks you through a practical negotiation strategy.
Before you start: what can you negotiate?
The short answer: almost everything. Salary, benefits, start date, notice periods, restrictions on future work — all of it is theoretically negotiable. Some employers are more flexible than others, but most will negotiate on at least some points if you ask professionally.
The key is to pick your battles. If you push back on every single clause, you'll frustrate the employer and seem difficult. Better to identify 2-3 things that really matter to you and focus there.
The things most worth negotiating
Salary and bonus structure. This is the easiest to negotiate because it's tangible and employers expect it. If you have the experience or the market is tight, push for 5-10% above their initial offer. If the bonus is discretionary, try to define what "discretionary" means — what are the criteria?
Notice periods. Many contracts have asymmetric notice periods: you need to give 3 months' notice but they only need to give 1 month. Push for symmetry or at least something fair. Three months from both sides is standard; 1-2 months is reasonable.
Restrictive covenants. These are important because they can affect your future employability. Try to shorten the duration or narrow the scope. For example, if they want a 12-month non-compete, push for 6 months. If it covers the whole industry, push for only direct competitors.
Probationary period. Standard is 3-6 months. If it's longer than 6 months, that's unusual and worth negotiating. Longer probation can mean easier dismissal and fewer rights, so shorter is better for you.
Intellectual property ownership. If you're in a technical or creative role, understand what IP the company owns. Most contracts say the company owns everything you create during employment, which is reasonable. But sometimes employers try to claim IP created on your own time using your own equipment. Push back on that.
Remote work flexibility. The rise of hybrid and remote work makes this increasingly important. If the contract requires you to be in the office 5 days a week but you discussed remote flexibility, get it in writing.
Severance and notice rights. What happens if the company makes you redundant? Does the contract specify a notice period and/or severance? Many don't, which means you're relying on statutory rights. Statutory redundancy pay is often lower than you'd hope, so negotiating better severance can be valuable.
Things to avoid pushing back on
Confidentiality and non-disclosure. Every employer will have confidentiality obligations. Don't push back here. You should have them and the employer should have them. It's fair and standard.
Garden leave or equity clawback. If you're senior or in a key role, the employer might require you to repay bonuses or sign a clawback clause if you leave within a certain time. This is increasingly standard and usually not worth fighting. But make sure you understand it.
Dispute resolution clauses. Most contracts require disputes to go through arbitration or expert determination rather than court. This is actually often better for both parties because it's faster and cheaper. Don't fight this.
How to have the negotiation conversation
Timing matters. Negotiate after you have the written offer but before you sign and start work. Once you've started, it's much harder to negotiate the terms you agreed to.
Be professional and positive. Don't say "Your contract is unfair." Say "I'm excited about the role. I have a few questions about the contract terms, and I'd like to discuss them with you." This is collaborative, not adversarial.
Give reasons, not ultimatums. Instead of "I'm not signing unless you change the non-compete," say "The 12-month non-compete is longer than what I've seen in similar roles. Would you be open to 6 months?" Give a reason — market practice, fairness, specific concern — rather than just saying no.
Ask questions. Sometimes the best way to negotiate is to ask "Can you help me understand why the notice period is 3 months?" Often the employer will realize the clause is asymmetric and offer to change it without you having to demand it.
Offer alternatives. If the employer really wants a 12-month non-compete, maybe you offer a shorter period plus a garden leave clause or a confidentiality extension. Trade-offs work better than flat refusals.
Get it in writing. If you agree to changes, don't assume the email conversation counts. Ask for an amended contract reflecting the agreed terms. Small details get lost in conversation; email confirmation avoids that.
The walk-away point
If the employer won't budge on something important to you, you need to decide whether to walk away. That's a personal decision, but here's the principle: if signing the contract feels risky or unfair, that feeling is probably right. You can almost always find another job. You can't undo a bad contract.
Common deal-breakers might be: an unreasonable non-compete that would effectively prevent you from working in your field, a probationary period so long you have no job security, or severance terms so bad that losing the job would be catastrophic.
Getting a professional review
Before you sign an employment contract with unfamiliar language or complex terms, use QuickLegalCheck to get a detailed review. You'll get a clear explanation of what each clause means, what's fair, what risks you're taking on, and what you might negotiate. It's worth the investment before you sign something that will affect your work life for years.
Or sign up to upload your contract and get started today.