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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.
Contrary to what most people think, a signed offer letter, except in very rare instances, is not a legally binding implied contract. Candidates often think that because they have signed and accepted an offer letter, they have some sort of legal right to the job.
If you accept a job which is offered to you verbally, you enter into a legally enforceable contract. Thus, if someone offers you a job over the phone and you accept it, you cannot go for another interview, accept another job and then reject the offer you already accepted.
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.
An offer letter is both a policy document and a legal contract. The employer/company envisions certain policy which it believes should govern the organization to help it grow and flourish.
You can write an employment offer letter yourself or you can hire an attorney either to write it for you or to review one you have written.
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.
Some important details about an offer letter are: It is NOT a legally binding contract. It does NOT include promises of future employment or wages. It includes an employment at-will statement.
Whereas an offer letter is unofficial (avoiding statements that promise future wages or employment), an employment contract is exactly the opposite, setting wages and length of employment in legally binding stone.
In general, offer letters are less formal than employment contracts, which typically set terms and conditions of employment that are legally binding. It's also vital for employers to understand that they aren't required by federal law to send an offer letter to new hires.