Receiving a job offer after going through countless interviews and applications is a significant step forward. So much so that we often think that getting one is assurance that the job is ours. But can the employer still withhold the job after an offer has been made?
A signed job offer is not legally binding, which means that an applicant may decline the offer or the employer may withdraw the offer without any legal repercussions on either part. Therefore, getting an offer is no guarantee that the job has been secured or that you are entitled to it.
To help you understand the nitty-gritty about job offers, we will look at what exactly is a job offer, why it’s not legally binding, and what you can do when you receive an offer letter.
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Why Is a Job Offer Not Legally Binding?
A job letter basically specifies that the potential employer wants to extend employment to you. It doesn’t promise you anything, nor should you take it that way. The following are reasons why you shouldn’t put a huge legal emphasis on a job offer.
A job offer is not a legally binding document because it is not an employment contract. It is merely an “offer,” and it doesn’t promise or guarantee employment. It specifies that it’s not legally binding.
Let’s elaborate on these reasons.
It Is Not an Employment Contract
A job offer is not legally binding precisely because it is not an employment contract. In other words, it is not yet an agreement between two parties regarding the employment of a particular applicant.
While there are similarities between a job offer and an employment contract in that they both give information about the job and the conditions of employment, an employment contract is far more detailed and specific. Also, it is made clear in an employment contract that both parties are in agreement and are expected to uphold the terms set in the contract.
A job offer tends to be more fluid and open to change without the agreement of either party, while an employment contract is set in stone, so to speak.
It Is Merely an “Offer”
Think of an offer letter as a formal invitation to a company. Someone is merely offering you a post, not guaranteeing that you are the one to fill it. Precisely because it is yet an invitation, it is subject to your acceptance or rejection, and the employer may later withhold the invitation if it wants to.
It Does Not Promise or Guarantee Employment
In relation to a job offer being an invitation, it does not and is not meant to be taken as a promise of future employment or a guarantee that you have secured a spot. Sometimes, the use of language may cause applicants to get confused, which is why hiring managers should be careful and specific when it comes to drafting offer letters.
But regardless of how your offer letter was written, you should never take it to mean that you are being promised a position.
It Specifies That It’s Not Legally Binding
A job offer is not legally binding especially because it states clearly that it’s not. All properly drafted offer letters indicate that acceptance of an offer letter does not make it a legally binding document. And no matter how an offer letter was written, if it comes with that disclaimer, you can be sure that that’s what it means.
What to Do When You Receive an Offer Letter
So if a job offer is not a legally binding document, what should you do if you get one?
Read the Terms Carefully
Once you have an offer letter in your hands, be sure to read every detail carefully. Compare the content of the offer with what was previously agreed upon or discussed so that you have concrete ideas to throw in should you decide to open further discussions in the near future.
Be Open to Further Discussions
Whatever you discuss with the employer and read on the job offer is open to change. Since a job offer is not set in stone, you can negotiate terms with the hiring manager. Be open to further discussions, as these will actually benefit you and help you get the final arrangement that is most advantageous to you.
Be sure, though, that those final arrangements reflect on the employment contract later on. That’s really where you want everything to be spelled out.
Respond Within the Prescribed Period
You will most likely be given a prescribed period of time by which you need to decide whether or not you accept the offer. Be sure to respond within this period, or if you know you need more time, ask for an extension.
If you decide to reject the offer, do not ghost the employer. Instead, inform them respectfully of your decision and give them a clear reason why you have arrived at that decision.
What Is a Job Offer?
Dealing with documents can sometimes be intimidating, especially if we don’t understand what their legal implications might be, or if there are any in the first place. Such is the case with a job offer. Many people get confused about whether a job offer is actually legally binding or whether receiving one is proof that you’ve got the job.
A job offer contains basic information about the job and provides information on compensation and benefits. It defines the conditions of employment, indicates when the job is set to start, includes an at-will statement, and specifies that it is not legally binding.
Contains Basic Information About the Job
A job offer will inform you of the basic information that you need to know about the job being offered to you. This will include the position title, job description and functions, work scope or area coverage, and work location or base.
The clearer these details are spelled out, the better you will be able to gauge whether or not the job is suitable for you or is according to what has most likely been already discussed over the phone or in-person discussions.
Some details may be different from what you previously discussed, which is pretty common, given that verbal discussions are prone to misunderstandings and differences in interpretation.
Provides Information on Compensation and Benefits
Another important thing that you should find in an offer letter is information pertaining to compensation and benefits. This should involve not just your basic salary, but even commissions, rest days, vacation credits, and other benefits, such as a housing allowance.
It’s safe to assume that if it’s not in the offer letter, you’re not getting it, even if you talked about it before.
So if the hiring manager mentioned during your interview that you will be getting certain commissions, for example, and yet it’s not in the offer letter, you should raise it right away, or you have a slim chance of enjoying that benefit should you decide on accepting the offer.
Defines the Conditions of Employment
A job offer should also detail the conditions of employment.
These are terms that you will be bound to once you accept the offer and start working with the employer. These conditions include but are not limited to work hours and workdays, dress code, and other rules enforced within the company.
Indicates When the Job Is Set To Start
A proper job offer should indicate when you are expected to start, but not the length of time that the applicant is expected to stay employed. It should also state when you should be able to accept or reject the offer.
This is helpful not just for the employer but also for you, especially if you’re looking to move to a different state or make other adjustments to accommodate the job. If you are intent on accepting the offer but need more time, notify the hiring manager and ask for an extension.
Includes an At-Will Statement
A proper job offer will also have an at-will statement, which will inform you that employment may be terminated at any time with or without cause, as long as doing so does not make the employer legally liable.
An at-will statement also means that the employer can change the terms of the employment at any time within legal boundaries. In other words, your salary, benefits, work location, and others may vary within the course of your employment.
Specifies That It Is Not Legally Binding
A job offer should clearly state that it is not a legally binding document precisely because it is not an employment contract. However, some employers leave this bit out of their offer letters, which then might leave you thinking that it is legally binding.
A job offer is not a legally binding document and should not be taken to be one. However, it is still an important employment document that should detail crucial aspects of the job that’s being offered to you.
When you get an offer, read the terms and conditions carefully, start a negotiation if you need to, and then promptly and respectfully inform the employer of your decision to accept or reject the offer.
Don’t rush to a decision or give in to the pressure to accept. Remember what your value is as an employee, and don’t sell yourself short.
- Law Insider: Legally Binding Definition
- National Conference of State Legislatures: At-Will Employment – Overview
- SHRM: How to Create an Offer Letter without Contractual Implications
- National Law Review: Offer Letter vs. Employment Agreement, Does it Matter?
- GOV.UK: Job Offers: Your Rights