Preparing the Job Offer: Do It Right So You Don’t Get Burned

As a Houston, Texas staffing agency with more than 20 years experience, we know you need to be especially careful when interviewing candidates and extending job offers in today’s litigious society. It might be hard to believe, but making statements that aren’t fully realized – such as “if you’re successful, you could earn up to $150,000” – can be grounds for a lawsuit by a disgruntled employee.

While you always want to position your Houston company and your job opening in the most positive light, you also want to ensure you don’t misrepresent or over-state the opportunity. To protect yourself from legal pitfalls, here are some suggestions to help when you’re crafting a job offer:

Be specific.

In the offer letter, include specific information such as the position, location, working hours, compensation package (including salary), and start date.

Be clear.

Using vague language can land you in legal hot water because it’s open to interpretation. Cue the lawyers. So, if you’re offering to pay for a part of a new employee’s relocation expenses, for instance, include exact amounts. If you’re offering an end-of-the-year bonus, include the exact eligibility requirements.

Be consistent.

Make sure that the information you include in a job offer letter is consistent with other company documentation. For example, if you do include eligibility requirements for end-of-year-bonuses in a job offer, then make sure other company documents match what you state in the offer letter.

Be careful with your language.

Don’t include language that implies job security, such as “permanent position” or “our company hasn’t experienced layoffs in recent times.” In addition, be clear that the job offer is contingent upon factors such as regular drug testing, security clearance, etc.

Be sure to emphasize employment-at-will.

Texas is an “employment-at-will” state. That means unless there is a written and signed contract, the agreement to pay an individual for work performed is for no specific period of time and can be terminated by either party with or without just cause or with or without notice. To protect your company, make sure you stress these rights.

Don’t let a poorly written job offer get you into trouble. With some preparation, you can make sure both parties are on the same page and protect yourself from legal issues in the future. If you’d like some help with this process, or with the recruiting and hiring process in general, please contact Murray Resources. As one of Houston’s top staffing agencies, we have the experience and expertise to help you find and hire the talent you need.