The 2-Year Rider

Disclaimer: I am not a lawyer. This document is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

What’s going on here?

• I got laid off in January of 2023, conditions were bad then, and now they’re worse
• I was wracking my brain thinking of a practical resource I could help provide to people in the industry
• I thought about what it would take to get me to want to work at some of the companies that have had the largest layoffs and the coldest approach to the people they’ve let go.
• That led me to this: what if there was a very real consequence for laying off someone within their first year of employment? What would that look like? How much would be a large enough disincentive?

What is this?

• This is an example only of a rider (addition to a legal contract) that would set up the following agreement:
  • If your employer lets you go for any reason other than you just not doing your job (see 1.2) you are entitled to receive 2x what would have been your yearly salary when your employment is terminated
  • I’ve confirmed with the lawyer who drafted this (who will remain anonymous) that the legal language below includes layoffs
  • My lawyer also helpfully added a provision that requires your employer to pay for COBRA, as well, which can be a vital lifeline when you lose a job

How do I use this?

• The next time you’re in negotiations for salary, benefits, etc. with a company that is hiring you, ask if they would be willing to add a rider like this to your employment agreement. Explain what you want in plain language, and also forward them to the rider as a separate document.
• You should only use this text as a reference! I highly recommend that if you are going to try to ask for this, you find your own lawyer who can adapt this to your specific circumstances
• Do not expect that a company will say yes to this, the goal is to start bringing a protection like this up in the conversations that recruiters are having with prospective employees. The more workers ask for it, the more studios will have to contend with it, and maybe eventually it could become a cultural norm.

I’m a student/entry level dev/contractor, should I use this?

• To be honest, probably not. This is a bold negotiating move that will not work if you don’t already have a highly specialized skill set or a lot of experience.

Please don’t expect me to answer any legal questions about this text, I am not a lawyer.