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How Do Offer Letters Differ from Employee Contracts?
If
believe you've found the perfect job candidate and
ready to produce an offer letter, be sure you know the difference
an offer letter and an employee contract. An employment contract is
signed legal contract between your company and the employee. Contracts are
extensive than offer letters and usually include information
as compensation, benefits, duties, and circumstances
which an employee can be terminated.
Offer letters
usually very brief and are used to informally offer a position
a candidate. Typically, the candidate and employer
already verbally discussed the job that has
offered, and the letter is sent
confirm the conversation.
To avoid
confusion between an offer letter and a contract,
, follow these guidelines when drafting your offer letter:
Statements
time periods: Avoid statements that refer to specific time periods of employment -- for
, "We would like you to start
June 8, 2012." Avoid using
term "probationary period" to describe a set amount of time
the beginning of employment.
Specifics of employment: Do
include any statements about employment such
discussions of employment benefits, bonuses, or cases
disciplinary actions or termination would occur. These are items that should be saved
the employment contract the employee signs
the beginning of employment.
Salary: Leave
any discussion of salary or any references
the employee's weekly, biweekly, or monthly rate.
Be general: Stick
words such as "generally" or "typically" when discussing terms
employment, such as company policies. Think
what might be misconstrued
a "promise," and avoid those types of phrases.
will: Do include an at-will statement making it clear that
party (employer or employee) can terminate the offer at
point. The simpler the offer letter,
better. An example would be:
Dear (Name)
It is our pleasure to offer you employment
(Company Name). This offer is contingent
your passing (name any contingencies
as certain tests that must
passed, for example typing or drug tests). You may
reply with any contingencies you wish to state
an agreement of employment. Please contact our offices at your
convenience.
To
sure you aren't heading down a dangerous path, it's a good idea to
a lawyer involved. Have an attorney look the offer letter
to be sure your wording makes legal sense and isn't binding.
Adapted from: allbusiness.com, June 30, 2011.
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