Written Job Offers – Question from Employer

hand-648445_1280Question:

Before I hire a new employee, I usually give that person a written summary of the specifics we have discussed during the interview.  I include such things as pay, starting date and benefits.  Now I wonder, am I creating a contract by putting a job offer in writing?

Answer:

Depending on the content of your communication, it’s possible you may be creating an employment contract or documenting elements of an employment contract.

Keep this in mind: Every new employee who begins a new job has a contract of employment.  Usually the terms of this contract are made up of overt and implied oral promises which a supervisor or manager has made to the employee, statements in the application form and in the employee handbook, and commonly accepted practices in the workplace.  So anything about conditions of employment that someone in authority in a workplace puts in writing and gives to an employee can create terms of an employment contract.

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Withdraw a Job Offer: What Are the Risks?

question-29017_1280Q. We collected an applicant a job and the applicant accepted the job.  The starting date was agreed on.  Prior to the starting date, we decided we do not want to employ this person.  Can we retract the offer of the job? If so, what are some of the possible legal implications?

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