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A verbal job offer, which is made and accepted formally, is legally binding on both the parties. However, it's a bit more complicated than a written agreement since you must establish the terms of employment at the time of the offer.
Yes, a verbal offer is legally binding, but only if the candidate expressly accepts it. However, due to at-will employment legislation, the employee can terminate the contract at any time, for any reason.
An employer can rescind an offer of employment at any time before a potential employee has accepted it. However once a job offer is accepted and the employment relationship (a binding contract) has been formed, then it can't be retracted even if the employee hasn't yet started work.
Here are some example things you could say when acknowledging the job offer verbally: Thank you for the job offer. I'm honoured to be considered for the (Title of the role). I look forward to receiving the offer in writing.
The verbal job offer is a chance for you and the candidate to negotiate details about the position, including salary, benefits, and start date. The candidate may ask questions and share concerns about the offer. Generally, recruiters and other hiring authorities extend the job offer to the candidate over the phone.
Verbal job offers are as binding as written offers so where a verbal offer is made, and verbally accepted, a valid legally enforceable contract of employment is formed even though there is nothing in writing.
A verbal acceptance doesn't hold as much weight as a written one. Declining the position at this stage likely won't burn any bridges, as long as you express your sincere appreciation for the opportunity and give a good reason for your change of heart.
Can you back out of the job offer? Yes. Technically, anyone can turn down a job offer, back out of a job already started, or renege on an acceptance at any point. Most states operate with what is called at will employment. This means the employee and the employer are not in a binding contract.
A verbal acceptance doesn't hold as much weight as a written one. Declining the position at this stage likely won't burn any bridges, as long as you express your sincere appreciation for the opportunity and give a good reason for your change of heart.
Short version: yes, a verbal contract is legally binding. You must extend the written offer and the job when you make a verbal offer. When the candidate accepts that verbal offer, they must accept the job.