EMPLOYMENT OFFER LETTER
________
________
Date: ________
To: ________
________
Re: Conditional Offer of Employment
Dear ________:
On behalf of ________ (the “Company”), I am pleased to extend to you this conditional offer of employment for the position of ________. This letter sets forth the principal terms and conditions of the offer.
§ 1. Conditions Precedent. This offer is contingent upon, and your continued employment is subject to, the Company’s satisfactory receipt and verification of the following, each of which must be completed prior to or promptly upon commencement of your employment:
- Documentation establishing your identity and authorization to work in the United States, as required by the Immigration Reform and Control Act of 1986 and evidenced by a properly completed Form I-9 (USCIS) within three (3) business days of your start date;
- Satisfactory results of any background check, reference verification, and/or pre-employment screening permitted by applicable federal and state law and, where required, conducted in accordance with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) following your written authorization; and
- The following additional documents: ________.
Should any condition not be satisfied, this offer may be withdrawn and any resulting employment may be terminated, in each case to the extent permitted by law.
§ 2. Start Date. If you accept this offer, your anticipated first day of employment will be ________, or such other date as may be mutually agreed in writing.
§ 3. Position and Duties. You will serve as ________, a full-time, non-exempt position, reporting to ________. You agree to devote your full business time, attention, and best efforts to the performance of your duties and, during your employment, not to engage in any other employment, consulting, or business activity that conflicts or interferes with your obligations to the Company.
§ 4. Introductory Period. Your employment will include an introductory period of ________, during which both you and the Company may assess whether the employment relationship is mutually satisfactory. The conclusion of, or successful completion of, this introductory period does not alter the at-will nature of your employment described in § 11.
§ 5. Work Location and Reporting. This position requires your physical presence at the Company’s facility. On your start date, please report at ________ to:
________
§ 6. Compensation. Your initial compensation will be $________ per hour, payable in accordance with the Company’s standard payroll practices on a ________ basis. As a non-exempt employee, you will be eligible for overtime pay for hours worked in excess of forty (40) in a workweek (and any additional overtime required by applicable state law) in accordance with the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) and applicable state wage-and-hour laws. Your first payment is expected on ________. All compensation is subject to withholding and deductions required by federal, state, and local law. Compensation may be reviewed periodically at the Company’s discretion.
§ 7. Benefits. Subject to the terms, conditions, and eligibility requirements of the applicable plan documents and policies, which may be amended, modified, or terminated by the Company at any time, you will be eligible for the following benefits:
________
§ 8. Vacation. You may be entitled to certain Company-observed or national holidays. In addition, you will accrue paid vacation in the amount of ________ per year. Unused vacation may be carried over to the following year; however, your total accrued vacation may not at any time exceed ________. Vacation accrual and any payout upon separation will be administered in accordance with Company policy and applicable state law.
§ 9. Bonus. You may be eligible to receive a bonus, the terms of which are as follows:
________
Any bonus is discretionary unless expressly stated otherwise above, is subject to the eligibility and payment terms set by the Company, and confers no right to future bonuses.
§ 10. Company Policies. Your employment is subject to the Company’s policies, procedures, and codes of conduct as may be in effect and amended from time to time. You will be required to comply with all such policies, including those relating to confidentiality, data protection, and prevention of harassment and discrimination.
§ 11. At-Will Employment. Your employment with the Company is “at-will.” This means that either you or the Company may terminate the employment relationship at any time, for any reason or no reason, with or without cause and with or without notice, subject only to applicable law. Nothing in this letter, and no Company policy, practice, or statement, shall be construed to create a contract of employment for any specific duration or to alter the at-will nature of your employment. The at-will relationship may be modified only by a written agreement signed by you and an authorized officer of the Company.
§ 12. Equal Opportunity. The Company is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or other applicable federal, state, or local law.
§ 13. Governing Law. This letter and your employment shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles.
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§ 15. Acceptance. To accept this offer, please sign and date this letter in the space provided below and return it to the Company no later than ________. If you have any questions regarding the terms of this offer, please do not hesitate to contact me. We are delighted at the prospect of your joining our team and look forward to working with you.
Sincerely,
_________________________________
________
________
Representative of ________
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___________________________
Employee Signature
___________________________
Employee Name (Print): ________
___________________________
Date: ________