A job offer letter should try to contain the right mix of friendliness, optimism, and, of course, disclaimers. The important thing about disclaimers in an offer letter is to ensure that the prospective employee knows ahead of time that employment will be at will, that no particular period of employment is guaranteed, and that even the nature of the job itself is potentially subject to change. The salary offer is a frequent pitfall. Some employers have inadvertently committed themselves to a year of employment by offering an annual salary without disclaimers as to length of employment. It is best to express the wage offer in terms of the smallest possible pay period, such as a weekly salary, just in case something goes wrong and a court feels that a particular term of employment was guaranteed. The offer letter should not contain all specifics about the job; the sample below refers to other documents, which in turn can offer the necessary details.

Ms. (Offeree's Name)
(Address)
(City, State, Zip Code)

Dear Ms. (Name):

XYZ Company, Inc. is pleased to offer you the position of Marketing Director for our organization. We are all excited about the potential that you bring to our company.

As we discussed during your interviews, you will be working in our north [city] regional office, where our marketing and customer service departments are located. You will report directly to the Vice-President of Operations and be a member of our Executive Management Team. After finishing orientation for new executives, your initial task will be to help recruit and train a new marketing staff focused on developing our company's e-commerce division, but there will be many other projects associated with our overall marketing efforts that will need your attention.

You will be classified as an exempt executive-level employee. Your initial compensation package includes a weekly salary of $1600 (payable biweekly), full medical and dental coverage through our company's employee benefit plan, and fringe benefits as covered in the enclosed pamphlet. [If applicable, the following provision can be added] In addition, XYZ Company, Inc. will loan you an amount equal to all of your reasonable expenses of relocation, including [not including] seller's commission on your old residence and closing costs on your new residence [, plus an additional amount of $(amount) to help you handle miscellaneous unanticipated costs*]. Should you remain with the company at least three years, the loan amount will be forgiven in its entirety. Advances of the loan amount and any repayment of the loan will be according to the schedule in the enclosed agreement, a signed copy of which you should return by mail prior to incurring any relocation expenses.

In accepting our offer of employment, you certify your understanding that your employment will be on an at-will basis, and that neither yourself nor the Company has entered into a contract regarding the terms or the duration of your employment. As an at-will employee, you will be free to terminate your employment with the Company at any time, with or without cause or advance notice. Likewise, the Company will have the right to reassign you, to change your compensation, or to terminate your employment at any time, with or without cause or advance notice.

We look forward to your arrival at our company and are confident that you will play a key role in our company's expansion into national and international markets. Please let me know if you have any questions or if I can do anything to make your arrival easier.

Sincerely,

* This last optional provision can serve as a variety of "sign-up bonus", which by virtue of that and the following sentences is transformed into a loan that can be recouped by proper drafting of a repayment schedule. The repayment schedule should specifically set out the intervals at which differing amounts of the loan will be repayable and should include the event of the employee staying with the company a desired minimum amount of time. The overall effect of these "loan provisions" is to supply a financial incentive to the employee to achieve at least a minimum tenure with the company.

Again, it is not recommended to simply adopt this sample form for your situation without first seeking the advice of an employment law attorney. There is almost an infinite variety of forms in use for various kinds of workplaces and different kinds of situations. Moreover, the laws vary widely from state to state in some areas of employee relations. Thus, it is very important to make sure that whatever form you utilize not only truly meets your needs, but also complies with your state's law.

Don't know an attorney? Contact ELANet for information on how to find an attorney concerning the design or review of employment forms for your situation:

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Employment Law Advisory Network, Inc.