Offer of employment
[Employer legal name] (the “Company”)
[Company address]
[Offer date]
[Candidate full name]
[Candidate mailing address]
Dear [Candidate first name],
We are pleased to offer you employment with the Company on the terms set out in this letter (the “Offer”). This Offer is conditional on the items listed in section 8. Please read it carefully, and contact [Contact name and email] if you have any questions.
1. Position
Your title will be [Job title]. You will report to [Manager name and title], or another person the Company designates. Your main duties are described in the attached job description, and the Company may reasonably adjust them from time to time in line with your skills and the needs of the business.
Your employment will be [full-time / part-time] and [permanent / for a fixed term ending on End date].
2. Start date and location
Your first day of work will be [Start date], or another date we agree in writing.
Your normal place of work will be [Work location / remote from Province or state / hybrid at Office address]. You may be required to travel for business from time to time.
3. Compensation
Base pay. You will be paid a base salary of [Amount] [Currency] per year (or [Hourly rate] per hour, if hourly), less required deductions and withholdings, paid [biweekly / semi-monthly / monthly] in line with the Company's normal payroll schedule.
Variable pay. [You will be eligible for an annual bonus with a target of Percentage percent of base salary, based on criteria set by the Company. / This position is not eligible for a bonus.] Any bonus is governed by the terms of the applicable plan, which the Company may change in line with its terms and the law.
Equity. [Subject to approval by the board of directors and the terms of the Company's equity plan, you will be granted Number options or units, vesting over Vesting period. / Not applicable.]
Overtime. [This position is classified as eligible / not eligible for overtime pay under applicable employment standards.] Overtime, where eligible, must be approved in advance by your manager.
4. Benefits and time off
You will be eligible to participate in the Company's benefit plans available to employees in your position, subject to the terms of those plans, starting [on your start date / after Waiting period]. The plans currently include [health, dental, life and disability coverage, and retirement savings].
You will receive [Number] days of paid vacation per year, accrued and taken under Company policy, and in any case at least the minimum required by employment standards law where you work. You will also receive paid holidays and other leave required by law.
5. Hours of work
Your normal hours of work are [Hours] per week, generally [Days and times]. Your manager may ask you to work reasonable additional hours where the role requires, within the limits set by law.
6. Company policies
You agree to follow the Company's policies as they apply to you and as they may be updated, including those on workplace conduct, harassment and discrimination, health and safety, information security, privacy and acceptable use of technology. Copies are available from [HR contact or intranet location]. If a policy conflicts with this Offer, this Offer applies.
7. Confidentiality and intellectual property
As a condition of employment, you must sign the Company's [Employee Confidentiality and Intellectual Property Assignment Agreement] before your start date. In it you agree to keep Company information confidential and that work product you create in your role belongs to the Company.
You confirm that you will not bring to the Company, or use in your work, any confidential information or property belonging to a former employer or other third party, and that accepting this Offer does not breach any agreement you have with anyone else.
8. Conditions of this Offer
This Offer, and your employment, are conditional on: (a) proof that you are legally entitled to work in [Country] in this role, provided by your start date; (b) satisfactory results of [reference checks / a background check / a criminal record check / verification of education or credentials], carried out with your consent and in line with applicable law; and (c) your signing the agreement described in section 7.
If any condition is not met, the Company may withdraw this Offer or, if you have already started, end your employment, in each case in line with applicable law.
9. Probation
[The first Number months of your employment will be a probationary period, during which the Company will assess your suitability for the role. During probation, the Company may end your employment with the notice or pay in lieu of notice required by applicable employment standards law, and no more. / There is no probationary period.]
10. Ending employment
You may resign by giving the Company at least [Number] weeks' written notice. The Company may waive all or part of that notice period and pay you your base pay for the waived portion.
The Company may end your employment for just cause, or for cause where that term applies, without notice or pay in lieu, except any minimum amounts that employment standards law requires.
The Company may end your employment without cause by giving you notice, pay in lieu of notice, or a combination, together with any severance pay and benefit continuation, equal to [the minimum required by applicable employment standards law / Number weeks per completed year of service, and in no case less than the minimum required by applicable employment standards law].
For employees in the United States: unless a written agreement or applicable state law provides otherwise, your employment is at will, which means either you or the Company may end it at any time, with or without cause or notice. Nothing in this Offer changes that unless it says so expressly.
Minimum standards. If any term of this Offer gives you less than the minimum required by applicable employment standards legislation, you will receive that minimum instead, and the rest of this Offer continues to apply.
11. Acceptance
To accept this Offer, please sign below by [Offer expiry date]. If we have not received your signed acceptance by then, this Offer will expire automatically.
We look forward to working with you.
Yours sincerely,
[Employer representative name], [Title], for and on behalf of [Employer legal name]
12. Governing law and disputes
This Offer is governed by the laws of [Province or state] and the federal laws of [Country] that apply there, without regard to conflict-of-laws rules that would apply the law of another place.
13. Notices
Any notice under this Offer must be in writing and delivered by hand, by courier, by registered mail, or by email to the address shown in the signature block or another address given by notice.
A notice is received: when delivered, if delivered by hand or courier on a business day before 5:00 PM local time at the place of receipt, and otherwise on the next business day; on the fifth business day after mailing, if sent by registered mail; and when sent, if sent by email before 5:00 PM local time of the recipient on a business day with no automated message that it was not delivered, and otherwise on the next business day.
Routine operational communications may be sent by any reasonable means, but a notice of breach, termination or a claim must also be sent by a method listed above.
14. Entire agreement and general terms
Entire agreement. This Offer, including any schedules and documents it expressly refers to, is the entire agreement about its subject matter and replaces all earlier discussions, proposals and agreements about that subject matter, whether written or oral.
Amendments and waivers. A change to this Offer is effective only if it is in writing and signed by each party. A failure or delay in enforcing a right is not a waiver of it, and a waiver of one breach is not a waiver of any other breach.
Assignment. No party may assign this Offer without the prior written consent of the others, which will not be unreasonably withheld, except that an organization may assign it without consent to a successor to all or substantially all of its relevant business or assets by giving written notice. This Offer binds and benefits the parties and their permitted successors and assigns.
Severability. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of this Offer stays in full force.
Interpretation. Headings are for convenience only. The words “including” and “includes” mean “including without limitation”. Amounts are in [Currency] unless stated otherwise. A reference to a law includes any amendment or replacement of it.
Language. The parties have expressly required that this Offer and all related documents be drawn up in English. Les parties ont expressément exigé que la présente entente et tous les documents connexes soient rédigés en anglais.
15. Counterparts and electronic signatures
This Offer may be signed in any number of counterparts, each of which is an original and all of which together form one document.
The parties agree that this Offer may be signed and delivered electronically, including through an electronic signature service such as eSora Sign. An electronic signature, and a signed copy delivered by email or as a PDF, has the same legal effect as a handwritten signature on a paper original, to the extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted in the relevant state, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA), and provincial electronic commerce legislation in Canada.
Each party consents to receive this Offer and related notices electronically, and agrees that the electronic record of the signing process, including any certificate of completion and audit trail, may be used as evidence that this Offer was signed and of when it was signed.
Signatures
The Company signs below to confirm this Offer. By signing below, the Candidate accepts this Offer on the terms set out above and confirms they have had an opportunity to ask questions and to seek independent advice.
EMPLOYER REPRESENTATIVE
Organization: [Legal name of organization]
Name: ______________________________
Title: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
CANDIDATE
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________