Overview: A conditional job offer is an employment offer that is conditioned upon the successful completion of another event or additional requirement that the prospective employee must meet prior to obtaining the particular job. It is not uncommon for an employer to condition an offer of employment on the successful completion on certain additional requirements prior to the start date.
Job offers may be conditioned upon various requirements, such as, the successful completion of a drug test, medical examination, criminal background check, driver's license record check, reference checks, educational background checks, proof that the job applicant has obtained the necessary licensing requirements to perform the job, proof that the job applicant is in good professional standing, the job applicant's execution of the employment contract or related documents, and/or the successful completion of any other job-related condition placed upon job applicants.
However, employers must keep in mind that the conditions must be related to the employer's particular business needs and cannot be discriminatory or otherwise violate state or federal laws.
Trends: In a couple of states, if an employer requires that a new employee execute a noncompete agreement as a condition of employment, the employer must provide the employee with a copy of the agreement either prior to or concurrent with making an employment offer or provide written notice to the employee before employment begins that the agreement is required.
Author: Melissa A. Silver, JD, Legal Editor
Updated to include hiring provisions in the forthcoming West Virginia Safer Workplace Act.
Updated to reflect forthcoming New York City law prohibiting inquiry into applicant's salary history.
Updated to reflect forthcoming criminal history regulations.
Updated to reflect legal developments regarding Philadelphia's wage equity ordinance.
Updated to reflect forthcoming amendment regarding social media accounts of prospective and current employees.
As mandated by the City of Los Angeles, Department of Public Works, Bureau of Contract Administration, a covered employer must provide a written individualized assessment to the applicant if the employer plans to take an adverse action.
As mandated by the City of Los Angeles, Department of Public Works, Bureau of Contract Administration, a covered employer must give an applicant written notice of its proposed withdrawal of a conditional employment offer.
Updated to reflect employer limitations on obtaining salary history of job candidates in the forthcoming state Act to Establish Pay Equity, which strengthens existing equal pay laws.
Updated to reflect hiring requirements under the Workplace Privacy Act, effective July 20, 2016.
Updated to include employment offer requirements under Portland's ban the box law, effective July 1, 2016.