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Job offer letters are a good way to set forth a clear understanding between an employer and applicant, spelling out the terms and conditions of employment. Offer letters usually go out to the applicant you have selected for the job, and often follow a series of interviews and negotiations regarding the conditions of hire.
Often, the candidate for the job has already indicated they will be accepting the job, and the offer letter is a formality. Typically, the specifics of this type of letter set forth the following:
In addition, if the company is an at-will employer, that should be set forth in the letter. In Dore v. Arnold Worldwide Inc., the California Supreme Court held that California employers may rely on clearly worded and unambiguous statements of at-will status.
In the Dore case, an employee sued his former employer several years after receiving, and signing, an offer letter that made clear his employment was at-will. When he sued for breach of contract and breach of the covenant of good faith and fair dealing, the high court concluded that the letter “defined ‘at-will,’ and contained no ambiguity, obvious or concealed, in its termination provisions,” dismissing those causes of action.
It is advisable to have legal counsel review your offer letters in order to preserve protection from claims that may be made years later, as in the Dore case.