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Federal

Authors: Stefani C Schwartz and Nicholas D. Bliablias, Schwartz Simon Edelstein & Celso, LLC

Summary

  • Once an employer has selected the candidate it wants to hire, a verbal employment offer should be tendered. See Verbal Offer.
  • The verbal offer is designed to only relay basic information; promises of job security should not be articulated since this has the potential to form an employment contract. See Verbal Offer.
  • A written offer letter setting forth the terms of employment should follow a verbal offer. See Written Offer.
  • If the new hire is an at-will employee, the written job offer should state that employment is at-will. See Written Offer.
  • The written job offer should identify the conditions that must be met prior to the commencement of employment, such as the completion of a successful background check or the passing of a medical exam. See Written Offer.
  • If a job offer is conditioned upon a medical exam, the employer must comply with the Americans with Disabilities Act. See Pre-Offer Versus Post-Offer Medical Questions and Examinations.
  • There are certain times when a prospective employer may withdraw a job offer, such as if a background check reveals that the new hire will pose a threat to the employer and its employees. See Withdrawal of the Employment Offer.

State Requirements

The following states have additional requirements for this topic under applicable state law.