How to successfully negotiate counter offers at work

Clement Manyathela speaks to labour lawyer Avi Niselow about successful negotiating strategies when the company you want to leave, offers you better conditions. 

What is a counter offer?

Niselow says a counter offer at work is when you've decided to leave your current job after receiving a better offer from another company, but your present employer counters their offer by, for example, increasing your salary, changing your title, or giving you the promotion you've always wanted.

"In the workplace, it's a situation where a person has put forward a particular offer to another party in a negotiation, and then that other party makes an offer with their own terms."

- Avi Niselow, Lawyer

Are there rules for counter offers?

It's important when turning down a counter offer, to sign the contract somewhere else. Because once an offer is turned down and another contract of employment is signed, it's difficult to get back the initial offer if you change your mind. 

"Counter offers can be done in any form. The general rule of a counter offer is that it's generally a rejection of the previous offer, so you do have to be careful how you put it forward. Because once you put it forward, you cannot necessarily go back and accept the previous offer."

- Avi Niselow, Lawyer

He added that it's difficult to give hard-and-fast rules.

"You'll have to assess the situation as an employee. But if you do decide to stay and accept the counter offer, make sure that those terms are put in writing before rejecting the prospective employer's offer. Because once you reject that, it's gone." 

- Avi Niselow, Lawyer

Niselow noted that employees who receive counter offers from their current employers should 'be careful' when making a final decision, since the current company might use counter offers to stop valuable employees from leaving, without putting new provisions into practice. 

So do risk sticking with your company, or walk away?

Niselow advises to ensure 'you get what's most valuable to you, and to get things in writing'. 

Scroll up to the audio player to listen to the full conversation.