You’ve reached the point where your business is growing and moving in the right direction. It’s now time to think about adding new members to your team. And while hiring may seem like a fairly simple matter, there are legal considerations involved. This is where the employment offer must be carefully handled.
If your business is ready to extend an offer of employment, make sure you have legal counsel first. The New York business law attorneys of Rosenbaum & Taylor can help.
Will an Employment Offer Bind Your Business?
Employment offers should be written communications to the job candidate. Making a verbal offer is fine, but it should be followed up with something in writing. Although an employment offer is not the same thing as an employment agreement, it may form a valid contract. If your company makes an offer that the job candidate accepts, it will most likely obligate you to hire the person.
However, the offer can contain contingencies, such as the candidate passing a background check or job-related examination. Any conditions or terms need to be spelled out in the offer letter. It should be clear that meeting these conditions is necessary to accept the job.
What to Include in the Offer Letter
The exact contents of an employment offer letter will vary depending on the nature of the job and the company. It’s important to speak with an experienced New York business lawyer about this. An attorney can help you draft a form letter that can be used with job candidates. As a general matter, however, consider including the following.
Details About the Job
You should write out some basic, pertinent details about the job and the offer, including:
- Job title
- Basic list and description of job responsibilities
- Whether the job is full-time or part-time
- Job location
- Contact information for the new hire’s manager or supervisor
- Anticipated start date
- Salary or pay rate
- Bonuses, benefits, and paid time off
Additional information about these items and others will be included in the employment agreement.
Conditions and Terms
As mentioned above, the job may be contingent on passing an exam or meeting other conditions. Terms like these need to be clearly expressed in the letter. It should also be clear what items will be the responsibility of the new hire. For instance, will the new hire be responsible for moving-related expenses?
The exact language used in this section will need to be carefully considered. Consult a skilled New York business law attorney for assistance.
Make Reference to the Employment Agreement
The letter should open the door to either an employment contract or negotiating the terms of one. A formal agreement will include much more detail, but the letter should make reference to it. An agreement’s terms will be consistent with but in addition to those included in the offer letter. When it comes time to draft your employment agreement, our New York business lawyer can help
Ask for an Acceptance or Denial
Finally, the letter should be closed with a request for the candidate to either accept or turn down the offer. Include a deadline for the candidate to accept the offer and stick to it. Make it clear that the offer will be considered revoked if not accepted by the date and time requested. Include the contact information for anyone at your business who can answer any questions.
Sound Legal Counsel Makes a Difference
An offer of employment will form a legal relationship with a prospective job candidate. Make sure you get that relationship right so future liabilities can be avoided. With Rosenbaum & Taylor by your side, your New York business will have solid legal representation at each step.
Call us today to schedule your initial consultation.
