Script for Making a Verbal Offer

“I am very pleased to offer you the job we discussed. We’d like you to start on Monday, the 3rd, at 9 a.m. for orientation with HR and some of our executive staff. Your salary will be $5,000.00 per month, and we are paid every two weeks. As we discussed in the interview, we have a complete benefits package, and I am sending you a letter today by email and U.S. mail that will outline the benefits and other details you will need to know. I hope you will accept this offer and I look forward to working with you. We will need a response from you by Thursday, (date), of this week either by phone or email, and then the signed acceptance of the offer letter can be forwarded to me. All these details are in the offer letter. Do you have any questions at this time? Again, I am very hopeful that you will say yes! Thank you.”

Sample Offer Letter

Dear (first name of applicant):

This is to confirm the verbal offer made to you on (date) by (name of person who made the offer if it wasn’t you). We are offering you the position of (title) at a salary of (always state salary in pay period amounts and, if necessary, what it is when annualized). We are paid every two weeks. We would like you to start on (date) and if that works for you, your first pay check will be issued on (date). You will be reporting to (name and title). This position is (state whether exempt or non-exempt).

Enclosed is a summary of our company’s employee benefits. If you have questions on the benefits, please contact (name, phone, and email) in our HR department for additional information.

You will be entitled to (number of days) of paid time off. This includes any sick and vacation time. Your PTO accrues at the rate of (number) per pay period. [If your firm restricts PTO usage until after 90 days or whatever, state that here or say the new hire is able to use it as it accrues with management approval.]

This offer is contingent on the successful completion of a background check including a drug test, the signing of a confidentiality agreement and non-compete agreement (or whatever your firm requires), and compliance with the I-9 process within three days of starting employment with our organization. I’ve enclosed a list of approved documents that prove you have the right to work in the U.S., so please bring the appropriate documents with you on your first day of employment.

Your employment with (name of organization) is “at will,” which allows the company to terminate your employment at any time, with or without cause, and gives you the right to resign at any time. We will discuss this with you at the new-hire orientation.

You will be scheduled for the new-hire orientation at (date and time). Please arrive no later than (time) on your start date for us to provide you with (list any security cards, badges, parking passes to be issued).

We are looking forward to working with you and hope you will accept this offer. Please sign the bottom of this letter and return as an email attachment to me at (email address) or fax confidentially to (fax number). This offer will expire on (date [usually three to four business days from date of verbal offer]).

Sincerely,

Name

Title

I hereby acknowledge that I have read this offer of employment and accept the terms and conditions as written.

Signature of Job Applicant                                                                            Date

Negotiating Do’s and Don’ts

Today’s applicants have access to a lot of salary information on the Internet, so be prepared to negotiate.

    Do know what the salary range for this position is and what your organization’s policy is on where new hires should start in the range.

    Do know the absolute highest salary you can give and still be fair to the applicant and your current employees.

    Don’t immediately think it is a negative if the applicant negotiates with you; it is expected.

    Do know if you have other qualified applicants so that, if you can’t come to agreement, you have other options.

    Do think creatively if you can’t get to the salary number the applicant wants. Consider:

    More paid time off (PTO).

    Flexible work schedule.

    Hiring bonus.

    Promise of an off-cycle performance review. (Don’t promise an increase.)

    Health insurance subsidy.

    Health club membership.

    Additional perks (usually done at senior executive levels, and may include things such as company car, club membership, additional vacation time, first-class travel for business trips, etc.).

Legal Implications of Offer Letters/Employment Contracts

Legally binding contracts for employment can be created verbally or in writing. Organizations sometimes use written contracts to outline the terms of their agreement with the employee—especially for senior-level executives or for contractors. Any employment contract should be either written by or reviewed by your general counsel or outside attorney, but at a minimum, it should contain:

    Job duties and responsibilities.

    Compensation and benefits.

    Start date.

    End date (for a contract position).

    Confidentiality and non-disclosure requirements.

    Non-compete requirements.

    Resignation or termination provisions including severance pay, if applicable.

Please be aware that enforcement of individual employment contracts is generally a matter of state law, so contact your labor attorney for more information.