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Are we required to send job-offer letters?

by on
in Employment Background Check,Human Resources

The practice of sending job-offer letters to successful applicants is well established and well intentioned. But is it wise? Learn what to consider before you dash off an offer letter—plus six more tips on making legally smart job offers.

There’s no legal requirement that says you must give candidates an offer letter. However, it’s usually good idea. The offer letter should set forth the expectations of the parties, the job, the nature of the duties (a job description can be referenced or attached), the pay and benefits, the relationship (contractual, at-will, etc.), and any conditions that must be met after acceptance but before assignment (e.g. background checks, physical examination, drug test, completion of an employment application, etc.).

Don’t dash off such letters without thinking. Offer letters have legal significance and should be carefully drafted and reviewed with legal counsel. For example, make clear that benefits may change and that the actual terms are governed by the plan documents, not the offer letter.

Take care to avoid the inadvertent creation of job security. For example, some at-will states set an exception for a job offer that includes a definite time period. An offer for “an administrative assistant job for a one-year period” may create an implied contract for one year, which may be terminated only for cause during that year.

Note: Find six tips on How to Make Legally Smart Job Offers at www.theHRSpecialist.com/whitepapers.

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