Verbage for Offer Letter?

Kymm · December 2005

We have recently been awarded a contract and because of that, will need to hire a few employees. Down the line, IF we were to lose the contract, we want to be able to let these employees go, if need be. (Of course, we would try to find something else for them within the company, if possible, but can't guarantee anything...) Does anyone have some good "verbage" for an offer letter to them regarding this?

Gillian3 · December 2005

It probably isn't a good idea to mention it. Usually offer letters contain "employment at will" language which implies a separation of employment at any time. If you add language about termination should the contract end, you would imply that employment is guaranteed through that time, thus hurting your ability to discharge someone for other reasons.

hrdir03nafcu · December 2005

I would agree with Gillian that it is best NOT to make ANY reference to the end-point or possible end-point of employment in an offer letter.

You DO want to clearly state that the employment offered is employment-at-will. That should be sufficient: obviously loss of the contract under which they were employed is legitimate grounds for reducing your workforce at that point-- but keep in mind that your position in a RIF is strengthened if you have an established policy determining who will be RIFfed, and by carefully following your established policy in the actual practice.

System · December 2005

You might want to check with an experienced California employment lawyer just to be sure there's nothing lurking in the laws of your state to bite you in this situation.
Kathy Carlson

Down_the_Middle · December 2005

Since CA seems to always be different, the suggestion to check w/Counsel probably has merit. I have had no problems incorporating the "at will" language in our offer letters while still mentioning that this opportunity is expected to last as long as XXXXXX.

Verbage for Offer Letter?

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