It’s tough to be an employee. In today’s fast-paced, demanding work environment, it can feel like you’re constantly on the brink of burnout. Third Ear Conflict Resolution was founded by a former Human Resources Supervisor and Employee Relations Representative who also successfully sued a prior employer.
We understand the challenges you’re facing. We’re committed to advocating for employees and helping you navigate the complexities of the workplace.
Our Services for Employees
- Contract Review. We help you understand the terms and conditions of the employment partnership you are forming with your employer. When there are concerns, we will prepare you to negotiate better terms and help you build skill in asking for what you need–in alignment with your core values.
- Performance Improvement Plan Transformation. We love bringing employers and employees in alignment so they can achieve the goals they set out to. Don’t despair. Your PIP describes the rules of the game, and we can help you win it, whether with this employer or one that’s even more compatible for you now.
- Workplace Dispute Resolution. Our goal is to keep you out of court, so you can spend your time, money, and energy building your career and life. We will explore informal resolution processes like mediation while also assessing the possibility of litigation and referring you to a trusted trial attorney, if necessary.
Why Choose Us?
- Experienced Analysis. Our founder has firsthand experience with the challenges employees face. She didn’t want to sue her former employer, but litigation was the only process the business owners would participate in before they fled the country. Pulling her back into the past multiple times while she tried to move on, Nance’s case took four years to get to trial and fueled her desire to find more effective ways to resolve workplace disputes.
- Compassionate Support. We understand the emotional toll that workplace challenges can take, and our trauma-informed approach often goes beyond legal counsel.
- Values-Based Approach. Of course, we want the best possible outcomes for our clients, but that isn’t always quantified in dollars. We will also consider intangible remedies, such as complete apologies, perquisites, and more. Nance’s experience negotiating minor league hockey contracts limited by salary caps has given us a unique ability to look for creative solutions.
Is Your Employment Contract Fair?
An employment contract should memorialize the terms of the relationship that were discussed during negotiations, including:
- Start date and term
- Job title and expectations
- Rate (or rates) of pay
- Commissions or bonuses
- The legal name of the employer of record
- Confidentiality and non-disclosure of certain job-related information
In New York, they might also include many of the notices required by the State’s Department of Labor and a lot of legal jargon that makes you wonder what you might be getting yourself into. Before you sign, we can help you understand those “standard terms” and the legal consequences of what did and didn’t make it into the employment contract document.
Confused by terms in your employment contract?
What Makes a Valid Employment Contract?
In its simplest form, a valid employment contract arises out of three negotiation stages:
- An offer. The employer offers you a compensation package that includes your salary, insurance benefits, and other options or perquisites (“perks”).
- Acceptance of the offer. You accept the offer, either as presented, or by making a counter-demand that the employer agrees to meet.
- An exchange of value (consideration). You promise to perform the services in your job description. In exchange for your services, your employer promises to deliver the compensation package.
Should You Make a Counter-Demand?
Probably. When you request changes to an employment contract, you:
- Ensure you aren’t bound to a term (promise) you can’t keep. If the pay won’t cover your expenses or the hours of work are too difficult to fit into your already demanding life, it’s better to discuss that before you sign.
- Signal to your employer that you are savvy and detail-oriented. That is likely desired from a key employee (leader), and how you assert yourself will help the hiring team see they made a good decision.
- Gain insight into the employer’s management style. The hiring manager’s response to your counter-demand will tell you a lot about how much you are valued and respected. If they are rigid in the negotiations, do not expect them to soften once you start working.
Aligning with Employer Goals
Assuming all goes well and you sign the written employment contract, remember that you are signifying agreement to all the terms in it. If something goes wrong in the relationship, your employer will typically be scrutinized more than you, but that is not enough to release you of all obligations.
Employee handbooks should detail those obligations. They give you the rules of the game, and playing by those rules will help you win it. Take time to not only learn your rights and benefits, but also determine how your job fits into the vision, mission, and goals of your employer.
Avoiding Employment Disputes
When disputes occur over terms of employment, it is often because of something that happens after the document is signed. One of the parties has second thoughts making them unsure they want to meet their obligations. To get out of the relationship, they will typically argue:
- There wasn’t a true and enforceable agreement.
- What happened after the signatures violated (breached) the contract terms.
- Conflicting provisions void the agreement.
Reduce the risk of a costly court battle by clarifying the contract terms before you start working.
Leaving on Good Terms
No matter how much you love the job, the employment contract will end. If it ends through a layoff, you might be offered a severance package.
Notably, severance pay is not mandatory, and limitations on several common clauses in severance agreements have made New York employers less likely to offer it. Much will depend on whether you have leverage to negotiate a higher amount. That leverage typically comes from the risk of a lawsuit, such as for:
- Discrimination
- Sexual harassment
- Retaliation
It might also come from the risk of you competing with your outgoing employer, which is why non-competition clauses are often included (but also limited). You’ll be given time to consult an attorney. We, of course, recommend that you do.
Not sure your severance agreement is fair?
Testimonials
I have never met someone like you in law or HR. ~ J.B., Employee/Middle Manager, NY
Thank you again for everything. It’s been a very difficult time and you have been a wonderful help! ~ C.R., Employee, NY
Thank you so much for your time, support, and wisdom! ~ A.G., Employee/Middle Manager, NY
I love your positive energy! You’re better than a double-shot of espresso. ~ W.F., Employee, ON