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Employment Offer: Maine

Employment Offer requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Matthew Tarasevich, Bernstein Shur Sawyer & Nelson

Summary

  • Maine does not require employment offers to be in writing, but many employers do make written employment offers. See Making an Employment Offer.
  • In Maine, offer letters can be construed as constituting an employment contract, or as setting forth the terms of the at-will relationship. Therefore, offer letters should be carefully drafted and reviewed in order to avoid creating an employment contract if one is not intended. See Preserve the At-Will Employment Relationship.
  • If the employment offer is conditioned on the successful completion of a drug test, background check, preemployment physical examination or other requirement, the offer letter should include a reference to those requirements. See Conditional Employment Offers.
  • When an employer withdraws an employment offer due to preemployment screening results, the employer needs to comply with any applicable notification requirements. See Withdrawing or Rescinding Employment Offers.