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A California-specific offer letter/short-form employment agreement containing terms and conditions of employment for a non-executive employee to be signed by both the employer and employee. It is based on California and federal law and is intended to be used by private employers for their nonunionized workforce.
Generally, an employer may withdraw a job offer for almost any reason, so long as it is does not have an illegal basis. In California, employment is considered to be at-will, which means that an employee may quit a job at anytime and an employer may terminate the employee for any non-discriminatory reason.
With that, every job offer letter should include the following terms:A job title and description.Important dates.Compensation, benefits, and terms.Company policies and culture.A statement of at-will employment.An employee confidentiality agreement and noncompete clause.A list of contingencies.
A job offer is legally binding on both you and the employer once you accept it.
The offer letter acts as a formal offering of the job position to the applicant and includes summaries of the main terms, conditions of the offer, details about the role and company, as well as any other details to help the candidate decide whether or not to accept the job offer.
Although not technically required by law, written offer letters are more important than ever. While such letters can be brief, they should be thoughtfully written in order to avoid misunderstandings and unintended legal consequences.
Although you're not required legally to provide a written job offer letter to a chosen candidate in the U.S., it's certainly smart. After all, a candidate might have misunderstood a verbal offer or items discussed during the interview process (such as salary, hours, and benefits).
Although not required in the U.S., providing a candidate a written job offer is considered a good practice. Following up a verbal offer with a written offer will not only set expectations for the new employee, but also clarify any matters that were discussed during the interview phase.
Employers should forgo sending offer letters and focus on employment contracts. If an employer chooses to send an employment contract in lieu of an offer letter, that employer should have an attorney review employment contract templates. With that said, this process can prove costly.
Recommended features of an offer letter include the following:The title of the position being offered.The amount and basis of compensation (salary, hourly, piece rate) and a reference to the organization's benefits plan.Whether the employment is full time or part time.More items...