02 Nov As you work together to identify and develop three potential ?concessions, you should keep in mind the following critical elements: Sharon Slade’s and Alice Jones’ ZOPA and BATNA p
use the example to help with this:
As you work together to identify and develop three potential concessions, you should keep in mind the following critical elements:
- Sharon Slade's and Alice Jones' ZOPA and BATNA positions developed in Milestone One and the individual Module Four discussion.
- Areas where Netflix has flexibility: These areas may include: modifying the performance improvement plan, shifting Alice to another position, outplacement benefits, employee health benefits, and so on. Other concessions, such as payment for accrued vacation time, may or may not be negotiable because the company has a formal severance policy.
- Legal vulnerability: You should also consider the degree of legal vulnerability the company has in this situation. For example, what is the probability that Alice Jones could sue for age discrimination?
Hello everyone!
It’s been almost two months that we’ve been working on this final project papers, and I
do believe that we have learnt a lot of good experiences from this project. Before starting our
group discussion, firstly, I’d like to provide the definition of Negotiation Concessions. According
to Klah, N (2019), the Negotiation Concessions are sometimes referred to as trade-offs where
one or more parties to a negotiation engage in conceding, yielding, or compromising on issues
under negotiation and do so either willingly or unwillingly. Below are the few concessions that
I’d recommend Sharon being prepared to make to close the negotiations with Alice:
Sharon should be prepared to negotiate the terms of severance, should Alice agree to
an involuntary termination. For instance, Netflix may offer a standard three-month severance
payment for all involuntary terminations; however, Alice may want more than three months and
may also ask for benefit continuation at employee pricing (not COBRA), outplacement services,
etc. It would be worth considering a change in the severance offered to Alice as a signed
severance agreement often includes language that prevents the former employee from filing
certain claims against the company.
Sharon should be prepared to discuss any discrimination concerns. If Alice had not
previously mentioned any concerns, they may come out in this conversation. If Sharon is pushing
toward termination but Alice discloses in the conversation that she has a medical condition that
has prevented her from performing adequately, Sharon should be prepared to put the termination
conversation on hold, switch gears and begin the interactive dialogue process under the ADAAA.
Sharon should be prepared to discuss potential alternatives to termination, such as
placement into another role that she may be better suited for. Sharon can look at additional
training that may be offered to help Alice successfully complete the PIP period. It’s important,
first, to determine if Alice wants to stay with the company or if she agrees she no longer meets
the behavior requirements of the Netflix Culture.
Thank you very much.
I look forward to reading your thoughts on this board!
Regards,
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Buth,
References:
1- McDonald, Jr., J. (March 10, 2017). Employment at Will: What it Really Means in
California. SHRM. Retrieved from: https://www.shrm.org/resourcesandtools/legal-and-
compliance/state-and-local-updates/pages/employment-at-will-in-california.aspx
2- Klah. N, (12 Oct 2019), Negotiation Concessions. Retrieved form:
https://www.negotiations.com/definition/concession/#:~:text=Negotiation
%20Concessions%20are%20also%20sometimes,often%20include%20'log%20rolling'
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