Offer of Employment
Date: [Date of this offer]. Dear [Candidate full legal name]: On behalf of [Employer legal name] (the "Company"), I am pleased to offer you employment on the terms set out in this letter (the "Offer"). We were impressed by you throughout the process and we hope you will join us. Please read the Offer carefully; by signing it you accept employment with the Company on these terms, and you and the Company are each a "Party".
1. Position, Reporting and Start Date
Your position will be [Job title] in the [Department or team] department, reporting to [Reports to (name and title)]. Your primary work location will be [Primary work location]. Your anticipated first day of employment is [Start date] (the "Start Date"), which may be adjusted by mutual written agreement. You will perform the duties customary for the position and such other duties consistent with it as the Company reasonably assigns. You will devote your full working time and best efforts to the Company and will not, without the Company’s written consent, engage in any other employment or business activity that interferes with your duties or creates a conflict of interest.
2. Compensation
The Company will pay you base compensation of [Base pay] per [Pay stated per], less applicable withholdings and deductions, paid [Pay schedule] in accordance with the Company’s regular payroll practices. Your compensation will be reviewed periodically in the Company’s discretion; nothing in this Offer guarantees an increase.
Signing bonus or other incentive: [Signing bonus or incentive (or "None")]. Any incentive or bonus plan referred to here is governed by its own written terms, and any bonus that is discretionary remains discretionary.
3. Classification and Hours
This position is classified as [FLSA classification] under the Fair Labor Standards Act and applicable state law. If the position is non-exempt, you will be paid overtime as required by law, you must accurately record all time worked, and you may not work overtime without your manager’s prior approval, though all overtime actually worked will be paid. If the position is exempt, your salary compensates you for all hours worked and you are not eligible for overtime pay. The Company’s normal full-time schedule is forty hours per week; your manager will set the specific schedule for your position.
4. Benefits and Paid Time Off
You will be eligible to participate in the employee benefit plans and programs the Company makes available to similarly situated employees, subject to the eligibility requirements and terms of each plan. As of the date of this Offer those benefits are summarized as follows: [Benefits summary]. This summary is for your information only; the official plan documents control, and the Company may change or discontinue any benefit plan at any time in accordance with its terms and applicable law.
5. At-Will Employment
Your employment with the Company is at will. This means that either you or the Company may end the employment relationship at any time, with or without cause and with or without advance notice. Nothing in this Offer, in any Company policy or handbook, or in any oral or written statement by any Company representative creates a contract of employment for any specific period or limits the at-will nature of your employment. The at-will nature of your employment may be changed only by a written agreement that expressly does so and is signed by you and by the Company’s chief executive officer.
6. Conditions of This Offer
This Offer and your continued employment are conditioned on each of the following: (a) your completing Form I-9 and presenting documents establishing your identity and authorization to work in the United States within three (3) business days after your Start Date, as required by federal law; (b) your signing the Company’s confidentiality and invention assignment agreement and acknowledging receipt of the Company’s employee handbook on or before your Start Date; and (c) your representation, which you make by signing this Offer, that you are not bound by any non-compete, non-solicitation, confidentiality or other agreement with a prior employer or any other person that would restrict your ability to perform the duties of this position, and that you will not bring to the Company or use in your work any confidential information or property belonging to a prior employer.
Contingent on a satisfactory background check: [Offer contingent on a background check?]. If "Yes", this Offer is also conditioned on the results of a background check, which may include verification of your employment history, education and references and, where permitted by law, a criminal history check, conducted in compliance with the Fair Credit Reporting Act and applicable state and local law after you sign the separate disclosure and authorization form. If any condition is not met, the Company may withdraw this Offer or end your employment, and the Company will have no further obligation to you under it.
7. Company Policies and Confidentiality
As an employee you will be expected to comply with the Company’s policies as in effect from time to time, including its policies on equal employment opportunity, anti-harassment, information security and acceptable use of Company systems. From your first day you will have access to information the Company treats as confidential, including customer lists, pricing, product plans, financial information and personnel data. You agree to hold that information in confidence during and after your employment and to use it only for the Company’s benefit, in addition to the obligations in the confidentiality agreement referred to in Section 6.
8. Entire Offer; Governing Law
This Offer, together with the agreements referred to in Section 6, contains the complete terms of the employment being offered to you and supersedes all prior discussions, representations and understandings, whether oral or written, about the position. Any change to these terms must be in writing and signed by you and an authorized officer of the Company. This Offer is governed by the laws of the State of [Governing law (state)], without regard to its conflict-of-laws rules, and by applicable federal law. If any provision of this Offer is held unenforceable, the remaining provisions shall continue in full force.
9. Acceptance
To accept this Offer, sign it and return it to the Company no later than 5:00 p.m. on [Offer expires if not accepted by]. If the Company has not received your signed acceptance by then, this Offer will lapse and be of no further effect unless the Company extends it in writing. This Offer may be signed electronically and in counterparts, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution. We look forward to working with you. Sincerely, [Name and title of the person signing for the employer], for [Employer legal name].
Signatures
Employer · Employee