Offer Letters - Creating commitment without creating a contract?

AnaC · February 2004

I have a question posed to me by one of the nonprofit agencies I work with. They are trying to incorporate a sentence in some of their offer letters stating somthing along the lines that by accepting the position chey are willing to give the agency a two year commitment, without creating an employment contract or destroying the at-will status. I personally think this would create a problem.....but I thought I would at least ask for valuable opinions first.

Any suggestions on how to word such a sentence?

Thanks in advance.

Ana

Don D · February 2004

I can't think of a way to ask for a contract, yet say it's not a contract. If it is not contractual then it isn't worth the paper it's written on. And if it is worthless, why would they want it?

System · February 2004

Don's on target - you can't make a two-year committment non-committal. You could possibly write up a two-year reimbursement contract where the employee would reimburse you for certain expenses if he/she separates employment within two years.

I wouldn't even want a two-year contract with an employee. Suppose the employee begins to slouch or begins using excessive leave? You may want out of the contract yourself.

Don D · February 2004

I assume the non-profit wanted a one-way contract that they could hold the person to without it being a contract. I've never taken a law course in my life but can tell you there's no way to do that. I did watch Perry Mason as a child though.

AnaC · February 2004

I agree, I agree. Thanks for the input though.

njjel · February 2004

How about this - If your goal is to keep employees for at least two years, offer them a bonus if they stay for 24 months. Of course being a non-profit this may not work for you.

Offer Letters - Creating commitment without creating a contract?

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