New York Job Offer Letter - Exempt or Nonexempt Position
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How to fill out Job Offer Letter - Exempt Or Nonexempt Position?
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FAQ
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.
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.
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.
While it's completely understandable to be thrilled (and slightly overwhelmed with relief), it's crucial to have a written offer in hand before you verbally accept a positionand yes, even if it's your dream job.
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).
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.
Exempt/Nonexempt Classification. Offer letters to nonexempt employees should state that they must record their hours worked and they will be paid overtime (as pre-approved by their supervisor), and describe available meal and rest periods.
New York law requires employers to provide written offer letters to new employees and notices, at least, to existing employees every year. In contrast, employment agreements are not mandatory.
There is no strict legal obligation for an employer to provide a reference letter of any kind. If, however, a court finds that an employer's refusal to provide a reference amounted to bad faith conduct that caused the employee harm, this may entitle the employee to aggravated or punitive damages.
Yes, you can sue your employer for false promises. Misleading statements can land an employer in court for negligent misrepresentation, fraudulent inducement, or other legal issues.
