California Job Offer Letter - Exempt or Nonexempt Position
Description
How to fill out Job Offer Letter - Exempt Or Nonexempt Position?
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FAQ
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.
Unfortunately, your boss is correct. An written offer of employment does not constitue a legal contrat unless it guaranteed your employment in some way (i.e. your compensation, etc.) for a specified period of time. Further, without a written employment contract, you are an "at will" worker.
Exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt.
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).
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.
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...
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.
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.
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.
