WEBVTT - Why You Really Should Read Your Employment Contract 0:00:00.600 --> 0:00:04.200 From executive search to talent strategy, leadership development, rewards, and 0:00:04.200 --> 0:00:06.880 succession planning. Corn Fairy can help you realize the full 0:00:06.880 --> 0:00:09.879 potential of your people so you can take your business 0:00:09.920 --> 0:00:12.560 where it wants to go up. Learn more at corn 0:00:12.560 --> 0:00:16.639 Ferry dot com slash up. So I've been thinking a 0:00:16.680 --> 0:00:21.439 lot about employment contracts lately. I know it sounds really 0:00:21.680 --> 0:00:24.759 boring and lame and weird, but it's been in the 0:00:24.760 --> 0:00:27.480 news a lot lately this year, from the Chump Campaign 0:00:27.880 --> 0:00:30.920 to Fox News. So this week on game Plan, we're 0:00:30.920 --> 0:00:32.800 going to be talking about all the stuff you sign 0:00:32.920 --> 0:00:45.800 when you sign on for a job. I'm Rebecca Greenfield, 0:00:45.800 --> 0:00:48.879 a reporter for Bloomberg where I cover workplace culture. And 0:00:48.920 --> 0:00:52.800 I'm Sam Grobart. I'm a writer at Blueberg Business Week magazine. Okay, 0:00:52.880 --> 0:00:57.120 so just last week, this employment contract stuff came up 0:00:57.600 --> 0:01:01.280 with Mark Burnett. Mark Burnett co creator of Donald Trump's 0:01:01.280 --> 0:01:04.880 famous reality show The Apprentice, and he's like pretty successful, Yeah, 0:01:04.959 --> 0:01:06.880 tons of other things, but in this case we're talking 0:01:06.920 --> 0:01:10.200 about The Apprentice. And so, as you know, this tape 0:01:10.280 --> 0:01:13.959 came out revealing that Donald Trump said some unsavory things 0:01:14.040 --> 0:01:16.559 on a bus, and so people are wondering if there's 0:01:16.600 --> 0:01:20.319 other footage of Donald Trump saying unsavory things from the 0:01:20.360 --> 0:01:22.800 many many years that he was the host of The Apprentice, right, 0:01:22.880 --> 0:01:25.920 And so there was this suspicion that Mark Burnett somehow 0:01:26.080 --> 0:01:27.840 was holding onto all of these tapes. And there was 0:01:27.880 --> 0:01:30.040 even the rumor that got out that he was threatening 0:01:30.280 --> 0:01:33.280 other employees from the production that if they leaked any 0:01:33.319 --> 0:01:35.720 of that information, they would be sued, right, and he 0:01:35.760 --> 0:01:40.880 could sue them because of their employment contracts, particularly the 0:01:40.959 --> 0:01:44.720 non disclosure agreement part of their employment contracts, which is 0:01:44.760 --> 0:01:47.800 something you sign when you either join or leave or 0:01:47.880 --> 0:01:51.600 both unemployer that says that you won't do certain things 0:01:51.640 --> 0:01:54.680 like league footage of Donald Trump exactly. And this is 0:01:54.720 --> 0:01:56.880 something we experience all the time. If it's not about 0:01:56.880 --> 0:01:58.720 an n d A, it's about signing up for the 0:01:58.800 --> 0:02:01.480 terms of agreement with you or internet provider or your 0:02:01.600 --> 0:02:04.360 mail service or what have you. There are just tons 0:02:04.560 --> 0:02:08.320 of legal ease that we sort of ignore and agreed to. 0:02:08.480 --> 0:02:10.960 And this is particularly true I think when you're in 0:02:10.960 --> 0:02:13.959 the excitement of joining a new company and getting hired. 0:02:14.080 --> 0:02:16.840 I'm pretty sure I did not read my employment contract 0:02:16.919 --> 0:02:19.400 and I came to no idea what is in my 0:02:19.480 --> 0:02:22.239 employment contract, which I know you're supposed to read everything 0:02:22.240 --> 0:02:24.520 you sign, but if it feels like I couldn't do 0:02:24.520 --> 0:02:26.560 anything about it, and I wanted the job and I 0:02:26.560 --> 0:02:28.760 wasn't going to say no, so whatever, I mean, I 0:02:28.800 --> 0:02:30.359 think you know we were talking about this earlier. It's 0:02:30.400 --> 0:02:34.560 like you checked maybe three things. It's you know, salary, Yeah, okay, 0:02:34.600 --> 0:02:38.320 that's what we agreed on vacation days, that's cool, and 0:02:38.400 --> 0:02:41.000 maybe title. Yeah. I looked back at an email with 0:02:41.080 --> 0:02:44.080 the recruiter here, and the things I asked about were 0:02:44.560 --> 0:02:47.080 can I have these vacation days? Right? But there's a 0:02:47.080 --> 0:02:50.280 ton of other stuff you sign and it's not just meaningless. 0:02:50.320 --> 0:02:52.640 It turns out I've learned this last year of paying 0:02:52.680 --> 0:02:54.639 attention to the news. Like in addition to the Mark 0:02:54.680 --> 0:02:59.680 Burnett thing, another scandal that brewed this year was Roger Ales, 0:02:59.760 --> 0:03:04.280 the of Fox News, was accused of sexually harassing many 0:03:04.320 --> 0:03:07.440 women and had to step down eventually left the company. 0:03:07.520 --> 0:03:11.120 And there was all this talk about nondisclosure agreements and 0:03:11.160 --> 0:03:14.799 non disparagement agreements and how that led to women being 0:03:14.800 --> 0:03:17.079 able to or not being able to talk about their 0:03:17.080 --> 0:03:20.280 harassment right, and in some cases it was a question 0:03:20.320 --> 0:03:24.919 of had they accepted money from their former employer, which 0:03:25.040 --> 0:03:27.359 may make it more difficult for them to speak out 0:03:27.800 --> 0:03:30.040 or not, in which case maybe they had that ability 0:03:30.080 --> 0:03:33.000 because they never received anything in exchange for it. I mean, 0:03:33.040 --> 0:03:34.800 you certainly don't go into a job thinking you might 0:03:34.840 --> 0:03:38.200 be sexually harassed. No, I shouldn't sign this enda. Well, 0:03:38.240 --> 0:03:40.480 that's the thing. I think these employment agreements that we 0:03:40.560 --> 0:03:43.360 sign for the time that we're working at the company, 0:03:43.400 --> 0:03:46.760 generally they don't have that much to do with our lives. 0:03:46.880 --> 0:03:50.240 It's when we decide if and when we decide to leave. Yeah, 0:03:50.240 --> 0:03:53.400 when ship gets real. Oh yeah, people stop being polite 0:03:53.800 --> 0:03:59.360 and start breaking their ends. So nondisclosure agreements are just 0:03:59.520 --> 0:04:02.840 one of many aspects of your employment contract that can 0:04:02.840 --> 0:04:05.000 come back to bite you or be something you wish 0:04:05.040 --> 0:04:08.520 you hadn't signed. And clearly Sam and I know nothing. Yeah, 0:04:08.560 --> 0:04:11.440 So we have here with us Brett Galloway. He's a 0:04:11.480 --> 0:04:14.520 partner at McLoughlin and Stern, where he specializes in labor 0:04:14.520 --> 0:04:16.720 and employment law, and we're going to just ask him 0:04:16.800 --> 0:04:19.880 some what we think are super basic and super interesting 0:04:20.000 --> 0:04:31.520 and important questions about our employment contracts. Thanks for coming on, 0:04:31.680 --> 0:04:33.920 Thanks for having me, guys, Hey, Brett, can we start 0:04:33.920 --> 0:04:37.480 by just asking you a very basic question defining what 0:04:37.839 --> 0:04:42.200 a standard employment agreement is. What what is that document 0:04:42.240 --> 0:04:44.880 that we get when we start a new job trying 0:04:44.920 --> 0:04:47.520 to do who is it protecting? What are some of 0:04:47.560 --> 0:04:50.960 the overall points of having that document? Sure, sim an 0:04:51.000 --> 0:04:55.360 employment agreement is a contract just like any other contract. However, 0:04:55.400 --> 0:04:58.680 it's a contract between people, obviously for services, and the 0:04:58.720 --> 0:05:02.800 consideration is you get money. There are various caveats in 0:05:02.800 --> 0:05:08.640 that contract, like non competes, non disclosures, binding, arbitration, confidentiality 0:05:08.680 --> 0:05:12.719 agreements uh that employees may not be aware of or 0:05:12.800 --> 0:05:16.080 may not be knowledgeable enough to ask questions on, and 0:05:16.200 --> 0:05:20.000 those all really benefit the employer. And most of the time, 0:05:20.200 --> 0:05:22.800 you know, unless you are a really specialized employee in 0:05:22.839 --> 0:05:27.680 a specialized area with some great superpower skill, employees are 0:05:27.760 --> 0:05:31.840 kind of bound by the terms of the agreement, i e. 0:05:31.960 --> 0:05:35.640 A boiler plate agreement. So the various terms that I 0:05:35.720 --> 0:05:39.560 just went over, non compete, nondisclosures, arbitration, those are things 0:05:39.560 --> 0:05:43.280 that employees should certainly be weary of, especially before signing 0:05:43.279 --> 0:05:46.000 any employment agreement, because they're going to dictate the terms 0:05:46.000 --> 0:05:48.760 of their employment. So yeah, actually, really want. That's exactly 0:05:48.760 --> 0:05:50.719 what I wanted to ask you next, is can you 0:05:50.960 --> 0:05:53.560 just define some of those terms, Like we've been talking 0:05:53.560 --> 0:05:58.919 about nondisclosures and nondisclosure noncompete, What do these things mean? Sure, 0:05:59.000 --> 0:06:02.719 a nondisclosure or confidentiality agreement are kind of one and 0:06:02.760 --> 0:06:06.880 the same, and those are typically more enforceable than the 0:06:06.920 --> 0:06:11.200 other restrictive covenants. A restrictive covenant is a restriction, i e. 0:06:11.480 --> 0:06:14.480 What we're gonna be talking about. The non disclosure agreements 0:06:14.520 --> 0:06:17.960 or the confidentiality agreements particularly deal with what's known as 0:06:17.960 --> 0:06:22.000 a trade secret. So if you have access to the 0:06:22.040 --> 0:06:26.240 Coca Cola recipe, you know, McDonald's secret sauce, something that's 0:06:26.360 --> 0:06:31.080 a trademarked piece of intellectual property that the company owns, 0:06:31.720 --> 0:06:34.480 you must sign or usually or will be required to 0:06:34.520 --> 0:06:37.040 sign a nondisclosure agreement stating that if you ever leave 0:06:37.080 --> 0:06:40.680 the employment, you won't disclose the special sauce. That makes sense, 0:06:41.120 --> 0:06:47.120 But that makes sense, But in the way we've seen 0:06:47.160 --> 0:06:49.600 it in the news, it seems like you're signing nondisclosure 0:06:49.600 --> 0:06:52.080 agreements to not say anything about your employment at all. Ever, 0:06:52.279 --> 0:06:56.200 is that legitimate? That's where the courts come in in 0:06:56.320 --> 0:06:59.680 terms of um looking at the employment agreement as a 0:06:59.720 --> 0:07:02.560 whole and seeing what aspects about it are reasonable and 0:07:02.640 --> 0:07:05.120 what are unreasonable, and courts can come in and just 0:07:05.160 --> 0:07:09.240 because an employment agreement covers the entire universe, that doesn't 0:07:09.240 --> 0:07:11.280 mean that you're actually going to be bound by the 0:07:11.440 --> 0:07:14.040 terms of that employment agreement. The courts will then come 0:07:14.080 --> 0:07:17.640 in to the extent it's too overbroad or burdensome or 0:07:17.800 --> 0:07:22.440 vague or otherwise and carve out what's reasonable and what's unreasonable. 0:07:22.880 --> 0:07:26.559 So this happens in the context in my experience, where 0:07:26.600 --> 0:07:30.160 an employee has signed on to an internet startup company, 0:07:30.160 --> 0:07:34.760 for example, and what that internet startup company does is 0:07:34.920 --> 0:07:39.119 maybe the next Uber or the next Venmo, and they're 0:07:39.120 --> 0:07:42.560 not allowed to discuss what it is that that company 0:07:42.640 --> 0:07:46.880 is doing. That's a reasonable nondisclosure agreement, and that would 0:07:46.880 --> 0:07:50.400 be a broader non disclosure agreement. Then you know you're 0:07:50.400 --> 0:07:53.320 not allowed to take the Coca cola recipe and go 0:07:53.360 --> 0:07:55.920 over to pepsi M. Let's talk a little bit. You've 0:07:55.920 --> 0:07:59.680 mentioned binding arbitration, so sometimes you wind up in a 0:07:59.720 --> 0:08:02.800 court of law, but sometimes you don't even get that far. 0:08:02.920 --> 0:08:06.080 Is that correct? If you're unlucky enough. Yeah, yeah, So 0:08:06.120 --> 0:08:08.560 tell me a little bit about what binding arbitration means. 0:08:09.240 --> 0:08:11.840 Arbitration is a form of what's known as a d 0:08:12.040 --> 0:08:16.840 R or alternative dispute resolution. And you have two forms 0:08:16.880 --> 0:08:20.000 of a d R. You have mediation and you have arbitration. 0:08:20.600 --> 0:08:23.960 Mediation is not binding. You go before a mediator. It's 0:08:23.960 --> 0:08:27.120 a neutral third party. Both sides come and present their case. 0:08:27.160 --> 0:08:28.880 At the end of the day, the mediator may make 0:08:28.920 --> 0:08:31.520 a suggestion or try to bring the two parties closer 0:08:31.520 --> 0:08:34.640 to a resolution, but if one or both parties doesn't 0:08:34.640 --> 0:08:37.360 like the decision, they can walk away from the table. Arbitration, 0:08:37.400 --> 0:08:40.760 on the other hand, is binding, and more importantly, the 0:08:40.840 --> 0:08:43.080 rules of evidence that you're afforded to in a court 0:08:43.200 --> 0:08:46.520 don't exist in an arbitration. And also more importantly, there's 0:08:46.520 --> 0:08:50.200 no appeal. So, once you go to an arbitrator and 0:08:50.240 --> 0:08:53.640 that arbitrator makes a decision based usually on not all 0:08:53.640 --> 0:08:56.760 the facts, because not all the facts are discoverable i e. 0:08:56.960 --> 0:09:00.480 You get them through evidence, you're stuck with that. Decisions 0:09:01.160 --> 0:09:03.960 up happens when the power and potential of every employee 0:09:04.000 --> 0:09:07.360 and leader in your workforce is released and corn Ferry 0:09:07.400 --> 0:09:12.439 can get you there by aligning your people to your strategy, attracting, developing, engaging, 0:09:12.480 --> 0:09:15.840 and rewarding them to reach new heights. With corn Ferry, 0:09:16.000 --> 0:09:19.040 you get a partner who truly understands people, leadership, and 0:09:19.040 --> 0:09:21.640 the new landscape of work, a partner who knows how 0:09:21.640 --> 0:09:24.720 to take your business up. Learn more at corn Ferry 0:09:24.760 --> 0:09:27.680 dot com slash up. So, I want to go back 0:09:27.720 --> 0:09:30.839 to noncompete. Um, that was something else that we saw 0:09:31.000 --> 0:09:34.160 in the news recently in our industry specifically. UM. I 0:09:34.160 --> 0:09:38.120 don't know if you saw this, but some BuzzFeed staffers 0:09:38.120 --> 0:09:41.960 were fired for making a web video that wasn't a 0:09:42.000 --> 0:09:45.559 BuzzFeed web video while they were buzz Sweed employees. UM. 0:09:45.600 --> 0:09:49.040 And we've been told, or they've said that everybody had 0:09:49.040 --> 0:09:50.920 done that and everybody was doing it, but then the 0:09:50.960 --> 0:09:53.600 company decided to make an example out of them, and 0:09:53.640 --> 0:09:57.199 it was. It was a pretty big conversation about non 0:09:57.240 --> 0:10:01.000 competes in the creative industry because I don't think anybody 0:10:01.040 --> 0:10:04.040 had really thought about it before then. So I want 0:10:04.080 --> 0:10:07.000 to ask you kind of what is a noncompete? Are 0:10:07.040 --> 0:10:10.120 there cases where am I just signing away my rights 0:10:10.160 --> 0:10:13.679 to do anything else? Are there exceptions? Sure? In New 0:10:13.760 --> 0:10:18.240 York especially, the courts will look at noncompetes uh and 0:10:18.400 --> 0:10:22.200 highly scrutinized them, you know, especially in the creative industry, 0:10:22.240 --> 0:10:26.400 because the courts, just like everybody else, wants people to work, 0:10:26.559 --> 0:10:29.480 and non competes are a restrictive covenant. They prevent people 0:10:29.480 --> 0:10:31.920 from working, and we want as many people in the 0:10:31.960 --> 0:10:35.160 workforce as possible doing as much good for you know, 0:10:35.240 --> 0:10:38.760 our fellow man as possible. So, yes, an employer can 0:10:38.760 --> 0:10:41.960 put and usually does put a non compete in any 0:10:41.960 --> 0:10:45.760 employment arrangement or agreement to the extent that that non 0:10:45.840 --> 0:10:49.199 compete is actually enforceable. It's a lot different than binding 0:10:49.320 --> 0:10:53.640 arbitration agreements, which or arbitration agreements which usually are enforceable 0:10:53.760 --> 0:10:56.599 non competes. On the other hand, the employee is in 0:10:56.640 --> 0:10:59.520 the driver's seat. The burden is on the employer to 0:10:59.640 --> 0:11:03.720 show really three facets to make a non compete justifiable 0:11:03.760 --> 0:11:07.960 and allow the courts to uphold it. The first is 0:11:08.000 --> 0:11:11.120 that it can't be broader than required to protect the 0:11:11.120 --> 0:11:15.840 employer's legitimate interest. It can't impose undo hardship on the employee, 0:11:16.120 --> 0:11:18.280 and it can't injure the public. The first is really 0:11:18.280 --> 0:11:21.760 the biggest hurdle. You know, there's no specific defined thing 0:11:21.840 --> 0:11:28.439 for employers legitimate interest, but you know, things like trade secrets, copyrights, 0:11:29.040 --> 0:11:33.160 taking very important employees away from the corporation, that's in 0:11:33.200 --> 0:11:37.200 the employer's best interest. But just you making a video 0:11:37.320 --> 0:11:41.960 that doesn't necessarily compete with buzz feed, or you jumping 0:11:42.000 --> 0:11:46.840 ship to a different employer without taking um valuable employees 0:11:46.880 --> 0:11:49.839 from employer A to employer B, that's not in the 0:11:49.840 --> 0:11:52.280 employer's best interest. And yes, they can send you a 0:11:52.280 --> 0:11:54.240 cease and desist letter, but those are just words on 0:11:54.240 --> 0:11:56.240 a paper. I wanted to ask you about that in 0:11:56.400 --> 0:12:01.600 terms of the practical effects of UH non competes. As 0:12:01.600 --> 0:12:04.559 you said, the law makes it very difficult for an 0:12:04.559 --> 0:12:09.720 employer to enforce that noncompete. But practically speaking, can they 0:12:09.760 --> 0:12:12.960 through the saber rattling, if you will, of cease and 0:12:13.000 --> 0:12:18.160 desist letters and the threat of prolonged legal action that you, 0:12:18.440 --> 0:12:22.800 a single employee, may not be able to support, can 0:12:22.840 --> 0:12:27.000 they somehow almost intimidate people effect, you know, which comes 0:12:27.000 --> 0:12:29.959 to the same effect almost as enforcing the noncompete. Yeah, 0:12:30.160 --> 0:12:33.280 it almost seems like all of this is intimidation, very 0:12:33.360 --> 0:12:35.880 very much. So, it's a it's a lot of saber rattling, 0:12:36.040 --> 0:12:39.880 and it's a lot of David versus Goliath intimidation tactics. 0:12:40.120 --> 0:12:43.200 You're a little employee, they're a big company. They send 0:12:43.240 --> 0:12:46.120 you a threatening letter on legal letterhead. You go, woe 0:12:46.240 --> 0:12:48.280 is me? I just wanted to get a better job 0:12:48.320 --> 0:12:50.439 and better myself, And just to be clear, So when 0:12:50.520 --> 0:12:53.280 they decide to file that, it goes to the individual, 0:12:53.360 --> 0:12:55.600 not to your new employer. It could go to both. 0:12:55.600 --> 0:12:57.360 They could go to both, but you could be affected 0:12:57.360 --> 0:12:59.880 by it, just as as you're saying, little old me yes. 0:13:00.080 --> 0:13:02.960 So usually it will be sent directly to you, and 0:13:03.080 --> 0:13:06.240 it will be a strongly worded letter that says, hey, 0:13:06.360 --> 0:13:08.959 we know that you're you know, cohooting with the enemy 0:13:09.320 --> 0:13:13.400 and you better stop. And you signed this agreement which 0:13:13.440 --> 0:13:15.600 binds you not to work in a ten square mile 0:13:15.720 --> 0:13:19.440 radius of New York City for six years. Good luck. 0:13:19.960 --> 0:13:22.439 That's not going to be enforceable. But when we're talking 0:13:22.440 --> 0:13:28.360 about the Fox News Roger Ales sexual harassment debacle, um, 0:13:28.400 --> 0:13:31.559 if someone you know, many women wouldn't speak about it 0:13:31.559 --> 0:13:34.319 because they had signed ndias or so they say. If 0:13:34.360 --> 0:13:37.320 they had broken that NDA and then Fox sued, wouldn't 0:13:37.360 --> 0:13:40.200 that look really bad for Fox? Or is that is 0:13:40.240 --> 0:13:43.319 there that NDA enforceable if they if Fox had done 0:13:43.360 --> 0:13:45.760 something rong? Like how does that work? Or is it 0:13:45.840 --> 0:13:48.400 just intimidation again? And people don't want to get into 0:13:48.440 --> 0:13:50.199 lawsuits and people don't want to be the person who 0:13:50.240 --> 0:13:52.680 broke an NDIA. Well, are you talking about if a 0:13:52.679 --> 0:13:56.000 settlement has occurred and then there's a confidentiality provision of 0:13:56.000 --> 0:13:59.520 that settlement? I guess that's one part or well, I 0:13:59.520 --> 0:14:04.440 guess so that's a little bit different from a you know, 0:14:04.600 --> 0:14:07.600 a standard n d A and and Fox and you know, 0:14:07.640 --> 0:14:10.880 I I've had potential Fox News clients and I'm just 0:14:10.880 --> 0:14:12.439 gonna go out on a woman said, I don't think 0:14:12.440 --> 0:14:14.079 it's good to be a woman and work for Fox 0:14:14.120 --> 0:14:18.480 News in this day and age. Um, they may have 0:14:18.600 --> 0:14:21.080 a provision in there that says that you can't talk 0:14:21.120 --> 0:14:26.160 about um litigation or potential litigation. I don't think that's 0:14:26.240 --> 0:14:29.280 very enforceable. Interesting, or like if you have a lot 0:14:29.360 --> 0:14:32.120 I didn't know this happens. You sign a severance agreement 0:14:32.680 --> 0:14:34.440 and and it as an n d A and you've 0:14:34.520 --> 0:14:39.160 been sexually harassed? Was that enforceable? That's different because when 0:14:39.160 --> 0:14:43.520 you sign a severance agreement, You've been given consideration, and 0:14:43.920 --> 0:14:48.560 consideration is the golden rule here. That's contracts one oh one. 0:14:48.680 --> 0:14:52.680 What is an enforceable contract? You need bargain for consideration. 0:14:53.120 --> 0:14:56.520 Person A needs to give up something of value i e. 0:14:56.840 --> 0:15:00.440 And employment in return for person B giving them something 0:15:00.440 --> 0:15:04.640 of value I eat. Money. Once money and employment is 0:15:04.680 --> 0:15:08.760 exchanged hands, then you have consideration. In a severance agreement, 0:15:09.000 --> 0:15:13.800 you're terminating your employment relationship. And you can go the 0:15:13.880 --> 0:15:17.760 route of not accepting any severance and not releasing any claims, 0:15:18.080 --> 0:15:20.200 and then every the whole world is available to you, 0:15:20.720 --> 0:15:23.320 or they can make a nice, juicy golden parachute for you, 0:15:23.440 --> 0:15:26.160 and you can then be forced or required to sign 0:15:26.200 --> 0:15:30.480 a general release in relation to the severance agreement. Once 0:15:30.480 --> 0:15:34.960 you sign a general release, that's pretty much that's the 0:15:35.040 --> 0:15:38.080 end of the road. You've accepted your money effectively as 0:15:38.160 --> 0:15:41.480 hush money, uh in terms of Fox News, and the 0:15:41.600 --> 0:15:45.240 NDA will likely be enforceable. So what can employees do? 0:15:45.680 --> 0:15:47.960 You know, you starting your job and most people don't 0:15:47.960 --> 0:15:50.240 even read these things. You get, you know, flori of 0:15:50.280 --> 0:15:53.760 emails and some paper mail maybe as well, including these agreements, 0:15:53.760 --> 0:15:57.560 and you feel lucky and I'll sign anything I instruct 0:15:57.600 --> 0:16:02.080 our caution all clients and in general speak to a lawyer. 0:16:02.400 --> 0:16:05.480 You know, nothing is gonna happen overnight. And if the 0:16:05.480 --> 0:16:07.480 employer is putting a gun to your head and saying 0:16:07.520 --> 0:16:10.040 sign this right now or else the job is gone, 0:16:10.440 --> 0:16:13.080 there's something there's more problems than just that with the 0:16:13.520 --> 0:16:17.160 with the employer. So first things first, you should always 0:16:17.160 --> 0:16:21.040 contact a lawyer to review through the employment agreement or 0:16:21.120 --> 0:16:25.960 arrangement and see if there's any um area for movement 0:16:26.160 --> 0:16:31.320 or negotiation. Two, you should document any conversations that you 0:16:31.440 --> 0:16:35.520 have with the employer, showing the employer that you may 0:16:35.560 --> 0:16:39.000 want to change this provision you have questions about that provision. 0:16:39.520 --> 0:16:43.120 The more documentation that you have um to show you 0:16:43.160 --> 0:16:45.400 know if and when there's a problem later down the road, 0:16:45.680 --> 0:16:48.920 the better. It's certainly always conferred with a lawyer. Going 0:16:48.960 --> 0:16:51.280 back to that heavy time when you've just been hired 0:16:51.320 --> 0:16:53.720 and you're going through the process of sort of onboarding 0:16:53.720 --> 0:16:57.000 to the company, and you get that employment agreement just 0:16:57.160 --> 0:16:59.800 because it's been written down and put on a piece 0:16:59.800 --> 0:17:02.560 of paper, though from what I'm getting from what you're saying, 0:17:02.960 --> 0:17:06.240 doesn't make it final. Everything is negotiable, and I presume 0:17:06.280 --> 0:17:09.159 that employment agreements can be changed. It's just words on 0:17:09.200 --> 0:17:12.320 a paper, Sam. So when they give you that employment agreement, 0:17:12.400 --> 0:17:14.919 that's what we call boiler plate agreement. Unless you're some 0:17:15.160 --> 0:17:19.680 specialized superhero, that's what they've given to you, and everybody 0:17:19.680 --> 0:17:21.639 else that's come before you, and everybody else that it 0:17:21.640 --> 0:17:23.760 will come after you. There is nothing to prevent you, 0:17:23.800 --> 0:17:26.440 as an employee from picking up the phone or looking 0:17:26.480 --> 0:17:30.960 your manager's hiring HR person straight in the eye and saying, listen, 0:17:30.960 --> 0:17:32.879 I have a little problem with X, Y and Z, 0:17:33.520 --> 0:17:35.320 And they can go in and blue line, red line, 0:17:35.320 --> 0:17:37.080 black line, whatever line you want to call it that 0:17:37.160 --> 0:17:39.560 agreement and change it to tailor your needs. And if 0:17:39.600 --> 0:17:42.000 you are a valuable employee and the employer does want 0:17:42.000 --> 0:17:43.760 to keep you on, that's in their best interest to 0:17:43.840 --> 0:17:47.000 make you happy, to make you feel comfortable, because nobody 0:17:47.040 --> 0:17:49.080 wants to start a new job where you know they 0:17:49.080 --> 0:17:52.280 feel intimidated or they've signed something that they don't understand. 0:17:52.800 --> 0:17:57.240 So you heard it from the lawyer, A lawyer, lawyers, 0:17:57.280 --> 0:17:59.840 let's get a lawyer. Um, Well, thank you so much. 0:17:59.840 --> 0:18:02.240 I think those are all the questions I have. Likewise, 0:18:02.320 --> 0:18:04.200 it was really great having you. Thank you so much 0:18:04.240 --> 0:18:11.840 for having me on guys. Thanks pleasure. So that was 0:18:12.160 --> 0:18:15.280 kind of encouraging. I mean it's definitely informative. I'm glad 0:18:15.320 --> 0:18:18.399 that I and a little bit empowering too, I think. Yeah, 0:18:18.520 --> 0:18:20.320 I guess it's like, don't be so scared by a 0:18:20.320 --> 0:18:22.680 piece of paper. I think that is like the takeaway 0:18:22.920 --> 0:18:25.600 from both when you are going into signing an agreement 0:18:25.720 --> 0:18:27.960 or from when you like potentially think you break one. 0:18:28.080 --> 0:18:32.400 Like right, There's just nothing is really ironclad. The power 0:18:32.400 --> 0:18:37.560 of letterhead is illusory. Yeah, you shouldn't be intimidated by it, 0:18:37.640 --> 0:18:40.160 and you probably have a little bit more negotiating power 0:18:40.200 --> 0:18:43.280 than you think. Yeah yeah, yeah, So there you go. People, 0:18:43.440 --> 0:18:46.600 sorry for us. Yeah, okay, now it's time for half 0:18:46.640 --> 0:18:52.520 big takes, happy fake takes. Half big takes are when 0:18:52.600 --> 0:18:55.359 we have a great opinion on something and the only 0:18:55.400 --> 0:18:57.600 place that we can air that opinion is right here. 0:18:57.720 --> 0:19:00.200 So Sam, what's your hat pick? Take? So, I been 0:19:00.240 --> 0:19:03.359 doing a fair bit of karaoke lately, and let's be honest, 0:19:03.359 --> 0:19:06.800 when am I not? But I surely do. I have 0:19:06.880 --> 0:19:09.800 been thinking a little bit about karaoke with coworkers. I 0:19:09.840 --> 0:19:14.000 think it's a tremendously good bonding experience for people who 0:19:14.040 --> 0:19:18.080 work together. There's something about sort of mutually assured embarrassment 0:19:18.240 --> 0:19:20.800 that helps kind of break down some of the barriers. 0:19:20.840 --> 0:19:22.560 But there are rules that you do need to follow 0:19:22.600 --> 0:19:24.479 that are specific to when you're with co workers as 0:19:24.480 --> 0:19:27.919 opposed to friends. For starters, I would say that you 0:19:27.920 --> 0:19:30.720 should get everybody a little bit drunk before you suggest 0:19:30.760 --> 0:19:33.320 the karaoke. People will be much more open to it 0:19:33.440 --> 0:19:35.680 after a couple of drinks at like your after work 0:19:35.720 --> 0:19:38.000 bar than if you just spring it on them in 0:19:38.080 --> 0:19:40.399 the office. And then the other thing you want to 0:19:40.400 --> 0:19:45.040 remember is that karaoke is actually a group activity. It's 0:19:45.080 --> 0:19:48.399 not so much about your own specific performance. So you 0:19:48.440 --> 0:19:52.320 want to pick songs that everybody can enjoy and hopefully 0:19:52.359 --> 0:19:55.359 participate in. Can I ask what your song is? Everyone 0:19:55.440 --> 0:19:58.040 has a karaokes on, a practice karaoke, here has a 0:19:58.080 --> 0:20:00.320 karaokes on. Oh I have a list I been on 0:20:00.320 --> 0:20:02.679 my phone so I never forget them. But I like 0:20:02.800 --> 0:20:06.200 to open up with a nice, sort of group friendly song, 0:20:06.359 --> 0:20:08.880 maybe like We Built This City on Rock and Roll 0:20:09.000 --> 0:20:12.160 by Starship That's a good one, or Freedom ninety by 0:20:12.200 --> 0:20:15.760 George Michael. Everybody can sort of participate later in the evening. 0:20:15.800 --> 0:20:17.800 If you want to come out with a few solo 0:20:17.920 --> 0:20:21.560 show stoppers, that's fine, but get everybody involved from the beginning. 0:20:21.720 --> 0:20:24.320 My karaoke song, thank you for asking Sam. Of course, 0:20:24.560 --> 0:20:27.000 this is how we do it by Montell Jordan's It's 0:20:27.000 --> 0:20:29.320 the only karaoke song I can do, and I've practiced 0:20:29.320 --> 0:20:31.480 it alone in my apartment many times. So when you 0:20:31.520 --> 0:20:33.800 do it now, do you not even look at the screen? Well, 0:20:34.000 --> 0:20:36.199 I came on recently and I had forgotten a lot 0:20:36.240 --> 0:20:38.199 of the words, So I think it was good to 0:20:38.240 --> 0:20:40.399 have a Yeah. You have to keep that right at 0:20:40.440 --> 0:20:42.480 the top of your head. Yeah. So my half big 0:20:42.520 --> 0:20:44.200 take for your half bag take is that you need 0:20:44.240 --> 0:20:48.000 to practice your karaoke songs alone. We can do an 0:20:48.160 --> 0:20:52.399 entire episode on karaoke. I have many thoughts. No, I know, 0:20:52.560 --> 0:20:55.640 we'll have a full bake take. Yes, can't wait. My 0:20:55.840 --> 0:20:59.080 half big take is so half big I don't even 0:20:59.080 --> 0:21:02.520 know what it is. But something about email subject lines. 0:21:02.640 --> 0:21:04.960 This is also in the news last week, um and 0:21:05.040 --> 0:21:10.200 some Hillary Clinton released emails. There was an argument the scandal. 0:21:10.359 --> 0:21:12.960 There was an argument over email subject lines, and this 0:21:13.240 --> 0:21:16.280 man said that he wants better email subject lines. It 0:21:16.280 --> 0:21:19.000 needs to convey what is in the email, and then 0:21:19.040 --> 0:21:23.480 he said, this discussion has been broken down along gender lines. 0:21:23.920 --> 0:21:26.480 What so I'm not really sure, like what the male 0:21:26.720 --> 0:21:31.840 versus female email subject line? Yeah, I've never been able 0:21:31.880 --> 0:21:35.720 to detect the gender of the sender by the subject line. No, no, So, 0:21:35.880 --> 0:21:38.080 I guess I think a lot about email subject lines, 0:21:38.200 --> 0:21:41.040 and I do think that you want to put kind 0:21:41.080 --> 0:21:43.440 of more information in the subject line than you think 0:21:43.480 --> 0:21:46.320 you need to. I agree. I make it almost like 0:21:46.320 --> 0:21:50.080 like a sentence. I feel like I want the subject 0:21:50.119 --> 0:21:55.040 line to be what the recipient would label it. Yeah you, yeah, 0:21:55.040 --> 0:21:57.560 you mentioned this to me. Yeah. It's like so that 0:21:57.600 --> 0:21:59.760 when they're looking in their inbox quickly they can know 0:22:00.000 --> 0:22:03.399 exactly what it is, and you're doing them. That's so 0:22:03.520 --> 0:22:07.480 selfless of you. I'm a very generous person, Becca. I 0:22:07.480 --> 0:22:10.240 think that's pretty clear. Yes, all right, Well that has 0:22:10.280 --> 0:22:16.240 been happ Big takes, halfag takes. Thanks for listening to 0:22:16.280 --> 0:22:19.840 another episode of game Plan. You can find me on Twitter. 0:22:19.920 --> 0:22:22.600 I'm at r C. Greenfield and I am at Sam 0:22:22.600 --> 0:22:47.800