LegalNature's employment offer letter is designed to give you great flexibility in customizing the exact terms of your offer. This help guide provides important tips and explains the key terms to consider when creating this letter.
To start, you will need to provide the names and addresses for both the employer and candidate. This information will be used to create the letter heading.
You may limit the amount of time that the candidate has to consider the offer by adding an offer expiration date. This may be helpful if the employer is interested in multiple possible candidates for the position and needs to make the hire quickly. Keep in mind, however, that it is in all parties' best interests that the candidate does not make a hasty decision that results in a poor fit.
Choosing whether you want the agreement to continue indefinitely or for a fixed term will determine the employment type. For instance, choosing an indefinite term will create an at-will employment contract, allowing either party to terminate the employment relationship at any time with or without cause. At-will employment is the most common type of employment throughout the United States.
However, if the parties desire a more definite employment time frame, you can select employment for a fixed term. This means that the employment can only be terminated during the term of the agreement for just cause, such as violating a term of the agreement.
Add the general job description by detailing the relevant duties and services that the candidate would perform if hired. There is no need to include every responsibility. Simply including the general job duties will suffice.
You have complete flexibility in specifying how the candidate would be compensated, including by hourly wage, salary, salary plus commission, solely on commission, or your own custom payment structure.
Also include any benefits the candidate would receive. This part is optional since you can always agree on benefits at a later time with the candidate or in a different agreement.
It is not necessary to include all the employer's rules and information regarding each benefit you include. Instead, you may simply name the benefit and briefly describe any major characteristics associated. Further details of each benefit are normally elaborated in the employer's official policy documentation and may be subject to change.
Make sure you include any additional terms. After previewing the document to see the standard terms that have already been included, you can finish customizing the letter according to the exact wishes of the parties. Writing in complete sentences, be as detailed and clear as possible in setting out your additional terms.
It is important to note that this letter is NOT a binding employment agreement. Therefore, there is no need to have the candidate sign this letter. In fact, the candidate should definitely NOT sign this letter, since a court may consider it evidence that the letter was meant to be a binding contract.
The letter is meant to serve as evidence of negotiations and requires the parties to execute a separate employment agreement prior to the start of employment. If the parties later decide to create an employment agreement, it should contain the same terms agreed upon in your employment offer letter. It may also contain additional terms and conditions not included in your letter since it will be more formal and detailed in setting out the rights of the parties.
After sending the letter to the candidate, the candidate can accept the employment offer simply by contacting the employer to notify them.
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