Part II: Offer Letters and Background Checks
In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (see Part 1 regarding advertising and interviewing for a job). This article is the second and last in a two-part series, which will now discuss sensitive New York laws concerning (1) offer letters and (2) background checks.
Drafting an Offer Letter
Once an employer has decided to extend an offer of employment to an applicant, many use offer letters to communicate key terms of employment for the candidate’s consideration. Offer letters are a valuable tool in setting expectations and creating a relationship with a prospective employee. If not carefully drafted, however, offer letters can also be construed as an employment contract or agreement for a fixed term of employment, creating unintended obligations on the employer’s behalf. In New York, the default employment relationship is “at will,” meaning that either the employee or the employer can terminate the relationship at any time, with or without cause and with or without notice. To preserve this relationship status while accurately describing employment terms, employers should observe the following basic requirements when drafting offer letters: Continue Reading