Offer Letter/Short-Form Employment Agreement for a Non-Executive

by Practical Law Labor & Employment

An offer letter/short-form employment agreement containing terms and conditions of employment for a non-executive employee to be signed by both the employer and employee. This Standard Document is intended for private sector employers for their non-unionized workforce. It is jurisdiction neutral and designed to comply with federal law. This Standard Document provides guidance on key considerations, including defining the employee's role and duties, and properly classifying them as exempt or nonexempt under the Fair Labor Standards Act (FLSA). It explores the crucial distinctions between at-will and for-cause employment arrangements, offering optional language to mitigate legal risk. This Standard Document also details the components of a contingent offer, covering background checks, references, and verification of work eligibility. The guidance also helps employers navigate a new hire's continuing obligations to former employers and discusses the strategic inclusion of arbitration agreements with class and collective action waivers. State and local law may impose different or additional requirements and should be considered with this offer letter. This Standard Document has integrated notes with important explanations and drafting tips.