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Contingent Offer Letter Legally Binding?

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davidlt77

Junior Member
What is the name of your state? Florida

A consulting company e-mailed a contingent offer letter to me today, and they want me to sign it by tomorrow. If I sign it, am I legally bound to take the position? I'm not ready to do so yet because the offer letter is CONTINGENT, meaning they want to have their client interview me first, check references, do a background check, etc. I feel funny about signing the offer letter when it's not a solid offer of employment. For instance, if their client doesn't like me, the offer is rescinded. I don't want to eliminate other options of employment by signing this contingent offer. After all, they're leaving their options open, so am I legally bound to work for them if I sign the contingent offer letter and change my mind later?
 


BelizeBreeze

Senior Member
The letter is contingent because they are not in a position to offer you anything until the interview.

But then, since we can't read the letter, how do you expect an answer.
 

davidlt77

Junior Member
Here's the contents of the letter:

We are pleased to inform you that after careful consideration, <employer> has decided to present you with a contingent offer of employment. We made this decision based on, in part, your fitness to work and your past performance. In our previous discussions, you assured us you would be able to perform new job duties with or without reasonable accommodation. The terms of employment are set forth below:
This offer is for the position of a <job>. You will be expected to perform the job duties and services that are customarily associated with this title. You must be able to communicate effectively with the customer. You must be able to perform many tasks simultaneously, and work effectively in a high-pressure user support environment. You must continue to be able to work independently and be flexible when mission needs warrant.
In this full-time salary position, <employer> expects you to work a minimum of 40 hours per week. If you choose to accept this offer, we would like you to start as early as May 16, 2005 (or as dictated by the contract) at which time you will enter a 6 month probationary period. Your starting compensation will be $xxxxx per annum with deductions being made for all required withholdings. You will be paid in equal, semi-monthly installments and will continue to be eligible to participate in the company’s benefits plan. You may participate in company benefits, including health and dental insurance, life insurance, vacation, and retirement plan(s).
• <employer> will pay 100% of the premium of company sponsored medical/dental insurance.
• <employer> will pay 100% of the premium of the group term life insurance policy with a face value equal
to your annual salary.
• Salaried employees are eligible to receive a dollar matching corporate contribution of up to 3% to a SIMPLE-IRA plan after you have completed the required paperwork to enroll.
• You will be entitled to ten days of vacation per year until the completion of five years of service, at which time you will be entitled to three weeks vacation per year. You will also receive 10 days of sick leave per year. Both are accrued per pay period.
Your employment with <EMPLOYER> is at-will, meaning you or <EMPLOYER> may terminate the employment relationship at any time, with or without cause or advance notice, for any reason.
As an <EMPLOYER> employee, you will be expected to abide by all <EMPLOYER> rules and policies. A copy of the Employee Handbook is provided to you on your first day of employment with <EMPLOYER>, and we expect you to read the Handbook and acknowledge your understanding in writing.
You may not disclose confidential <EMPLOYER> information to unauthorized third parties, and at no time may you disclose confidential information of a former employer to <EMPLOYER>. You will receive a new employee package which includes a copy of the Employee Nondisclosure Agreement and Employee Non-competition Agreement.

You must sign and return to <EMPLOYER> the commencement of your employment.
This letter along with the completed Employee Nondisclosure Agreement and Employee Non-competition Agreement forms complete an exclusive statement of employment between you and <EMPLOYER>. These employment terms supercede any other agreements, understandings, promises, or communications, written
or oral, by or on behalf of <EMPLOYER>. Upon acceptance of this offer, you must provide proof of identification and authorization to work in the US.
This offer is made subject to:
• Providing proof of identification and authorization to work in the US; Social Security Card and Drivers License must be made available before start date.
• The results of a reference check and Background investigation.
• Your ability to maintain a security clearance level required (if required).
• Acceptance of the customer.
This offer expires April 27, 2005.
If you choose to accept this offer of employment, please sign and date this letter on the lines below, and return this letter to me. I hope you accept this offer, and I look forward to continue working with you.
 

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