North Carolina Confirmation of Orally Accepted Employment Offer from Applicant to Company - Exempt or Nonexempt Positions

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Multi-State
Control #:
US-404EM
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Word; 
Rich Text
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Description

This form gives a hired employee the option of confirming an oral offer for an exempt position or a non-exempt position.

How to fill out Confirmation Of Orally Accepted Employment Offer From Applicant To Company - Exempt Or Nonexempt Positions?

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FAQ

The law categorizes all employees as exempt or non-exempt. Non-exempt employees are entitled to overtime pay, whereas exempt employees are not. There are certain types of employees that are more likely to be non-exempt.

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.

Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. External salespeople (who often set their own hours) are also exempted from NC overtime requirements, as are some types of computer-related workers.

The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.

Highly-compensated: Any employee who primarily performs non-manual labor and regularly performs at least one exempt administrative, executive, or professional duty, and makes $100,000 or more per year (including at least $455 per week on salary), can be exempt from overtime.

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.

One of the general requirements is that the salaried-exempt employee must be paid a guaranteed salary of at least $684 a workweek (no salary test for outside sales), which would also be the promised rate of pay for the employee.

What Information can an Employer Release for Employment Verification?Job performance.Reason for termination or separation.Knowledge, qualifications, and skills.Length of employment.Pay level and wage history (where legal)Disciplinary action.Professional conduct.Work-related information

Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.

An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.

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North Carolina Confirmation of Orally Accepted Employment Offer from Applicant to Company - Exempt or Nonexempt Positions