Standing head-and-shoulders above them all is the smartest human I've ever met...about 5' 2" and hardly 100 lbs. (mostly brain)...who attended law school over 60 years ago and since then has been doing post-graduate work in common sense. He's always practiced independently of the huge law firms. Many corporations use them for routine matters...but bring him in on very important and difficult issues. Moreover, the CEOs of those corporations insist on getting his slant on their personal legal matters.
Interestingly, this legal ninja has a devastating secret weapon that many of the other "super-lawyers" seem almost unaware of: Simplicity!
Phil (not his real name...but close) would much rather have an agreement embodied in a plainly worded letter or an exchange of letters than in a 27-page document full of convoluted clauses.
It's not at all unusual to go to Phil asking that a contract be drawn up to formalize an agreement along the lines of a simple letter or an exchange of letters you show him, only to be told:
"No way! You've got 'em flat-footed on the basis of this letter. If they don't perform, we can sue them and get everything you're looking for, plus punitive damages as well. But if we go in and try to negotiate a formal contract with their legal department involved, there's no way in the world we can get language like this.
"Just write them a friendly reply, saying you're pleased to go ahead as they've suggested, except for that one little change in the schedule that you've both agreed to.
"And for heaven's sake, don't misplace the letters. They prove what your agreement is, and you could be mighty thankful to have them later on."
You get the idea.
It may be comforting to have a long and explicit document spelling out every conceivable facet and contingency of your arrangement with your employer. But it's not necessary. She and her company are just as bound by what she wants in her offer letter...assuming you accept her offer and go to work relying on it...as if there's a fancy paper marked "contract," which you both sign. And she's equally bound whether she asks you to countersign her "offer letter" or not.
Today almost every company provides offer letters. So don't quit your job until you have something in writing.
You have clout.
You may not have enough leverage to get all the money or all the protection you want. But whatever you do get, you certainly have the power to get into writing.
Just say:
"Well, Herb, I guess we're agreed on all the really important points. The title will be Senior Vice President - Manufacturing.
I'll report directly to you as President, and I'll be on the Management Committee. Besides all factories in the U.S. and abroad, I'll have responsibility for Purchasing, Manufacturing Engineering, and Quality Control but not New-Product Engineering.
"My base salary will be $450,000, and I'll participate in the officer-level short- and long-term management incentive programs- and receive options-as you outlined them to me. I'll also get that $160,000 upfront to make up for not coming under your bonus plan this year, and to help with any moving expenses not covered by your most comprehensive moving package, as described in this booklet. And I'll receive a $1,700 monthly car allowance.
"In terms of job security, I'll be getting 18 months' termination protection. You can discharge me at any time for any reason. But unless I've done something criminal against the company, you must either give me 18 months' notice, or pay me for 18 months after you let me go. And if you give me some notice but less than 18 months, you'll continue to pay me up to a total of 18 months from the time you give me notice.
"As soon as I have your offer letter putting all of this in writing, I'll go in and resign
That's the way.
Just assume Herb will be putting what you and he have agreed on into an offer letter. When he does, you'll resign. And, of course, not before.
How can he refuse? He'd have to say:
"Well, you've accurately summarized what I'm going to do for you if you join us. But I'm certainly not willing to confirm in writing what I've just been telling you. Why, that would help you hold me and the company to it later on!"
No, he can't say that. And when you have your "offer letter," you have your "contract." The essence of your agreement with him is in writing.
About the only resistance he could put up would have to go something like this:
"We do things here on a handshake. There's mutual trust. It's almost like a family. You have my word. That ought to be good enough. And if it isn't, then maybe you and I don't have the right relationship to go ahead on anyway."
Your obvious rejoinder would be:
"Herb, there's no question that you and I have exactly the right relationship. I know you'd never break your word to me. But,
God forbid, something might happen to you...or me...on the way home tonight, or next month, or a year from now. I know of an instance where that's exactly what did happen. So before I resign,
I'd really appreciate a note from you."
If Herb refuses, no matter what reason he gives, you're better off not going to work for him.
Virtually no employer will refuse you an "offer letter." But many will deny you a "contract." Yet the two papers amount to the same thing!
Ironic...but true. Ask for an "offer letter" and you'll almost never be refused.
But ask for a "contract," and you'll be refused more than half the time:
"No way, George. We just don't have written contracts here. Why,
I don't have one myself. I can't...and I won't...do for you what nobody's ever done for me. We're not one of those shifty outfits where that sort of thing is necessary. I trust my boss completely to do what he promises me. And he's never let me down. If you can't think of me the same way, then maybe I'm not right for you...or maybe our company isn't right for you."
Now you've confronted yourself with a tough argument to overcome. You've asked for a "contract." You haven't merely assumed you'll get an "offer letter"...something virtually every company gives, and something your prospective boss did get when she came aboard.
Lots of luck!
