Offer letter template: salaried, hourly and contingent offers, with the legal cautions
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An offer letter is the written version of a job offer: the role, start date, pay, benefits, any conditions such as a background check, and the terms of employment, usually including at-will wording in the US. Keep it short and factual, match it exactly to what was said on the offer call, and put a signing deadline in it. Have employment counsel approve your standard version once, then change only the bracketed fields for each hire.
This page covers the document. The conversation before it, where the offer is presented and accepted verbally, is in the offer call script for recruiters, and what to do when the current employer responds is in the counteroffer conversation script. Below are three templates (salaried, hourly, and a contingent offer), a cover email, a filled example and the legal points to check.
Not legal advice. Offer letters create legal obligations, and the rules differ by state, city and country. The points below are commonly summarized positions with links to the primary source. Confirm how they apply to your organization, and have a qualified employment lawyer review your template before you use it.
What an offer letter must contain
| Section | What to write | What goes wrong without it |
|---|---|---|
| Role | Title, department, manager, location and work setup | A "hybrid" role that becomes five days on-site in week two |
| Start date | A date, and who to contact if it must move | Candidate resigns for a date the team cannot meet |
| Pay | Rate, pay frequency, exempt or non-exempt status | Overtime disputes; a salary read as a one-year promise |
| Variable pay | Bonus or commission as eligibility, with the plan document named | A "target bonus" read as guaranteed |
| Benefits | Eligibility summary and where the full plan documents are | Promises that differ from the plan |
| Conditions | Each contingency, named | An offer withdrawn for a reason the letter never mentioned |
| Terms of employment | At-will statement where it applies; entire-agreement line | Letter read as a fixed-term contract |
| Deadline | Date and time to sign | An open offer while you lose your second choice |
Template 1: salaried offer letter
For a full-time exempt role in a US state where at-will employment applies. Replace the brackets; delete lines that do not apply.
[Company letterhead]
[Date]
[Candidate full name]
[Address or email]
Dear [first name],
We are pleased to offer you the position of [job title] in the
[department] team at [Company], reporting to [manager name, title].
This letter sets out the terms of our offer.
Start date: [date]. Your first day will begin at [time] at
[location / via video link]; [name] will send joining details.
Location and work setup: [office address]; [on-site / hybrid, with
___ days a week in the office / remote from ___ (state)].
Pay: $[amount] per [pay period], paid [biweekly / semi-monthly]
(equivalent to $[annual amount] per year, for reference). This
position is classified as exempt from overtime under federal and
applicable state law.
Variable pay: You will be eligible to participate in the [plan name],
with a target of [__% / $___], subject to the terms of that plan,
which the company may change. Eligibility does not guarantee payment.
Benefits: You will be eligible for the benefits offered to
[full-time] employees, currently including [health, dental, retirement
plan, paid time off], subject to the terms of each plan. Details are
in [document / benefits portal].
[Equity / sign-on bonus / relocation: describe and name any
repayment terms and the governing document.]
Conditions: This offer is contingent on [list only what applies:
satisfactory completion of a background check, which requires your
separate written authorization / verification of your identity and
eligibility to work in the United States / ___].
Employment at [Company] is at will. This means that either you or
[Company] may end the employment relationship at any time, with or
without cause or notice. Nothing in this letter creates a contract
of employment for any particular period.
This letter [and the documents named in it] is the complete statement
of our offer and replaces any earlier discussions. Any change must be
in writing and signed by [title of authorized person].
To accept, please sign below and return this letter by [date, time,
time zone]. If we have not received it by then, this offer will
expire.
We look forward to working with you.
[Name]
[Title]
Accepted: ______________________ Date: ______________
[Candidate full name]Template 2: hourly offer letter
For a non-exempt role. The pay section changes most: rate per hour, overtime, schedule, and the pay details some states require in writing at hire.
Dear [first name],
We are pleased to offer you the position of [job title] at [site
name, address], reporting to [supervisor name].
Start date and first shift: [date], [start time] to [end time].
Please report to [person/location] and bring [ID, boots, etc.].
Schedule: [days and shift]; hours may vary with business needs.
[Expected weekly hours: ___.]
Pay: $[rate] per hour, paid [weekly / biweekly] on [payday]. This
position is non-exempt, which means you will be paid overtime at
one and a half times your regular rate for hours worked over 40 in a
workweek [and as otherwise required by state law].
[Shift differential: $___ per hour for ___.]
Benefits: [eligibility and waiting period, or "This position is not
eligible for benefits other than those required by law."]
[Required pay notice: attached / to be provided on your first day.]
Conditions: This offer is contingent on [___].
Employment with [Company] is at will: either you or [Company] may end
it at any time, with or without cause or notice. This letter is not a
contract for any particular period of employment.
Please sign and return by [date, time].
[Name, title]
Accepted: ______________________ Date: ______________Template 3: the contingency paragraph for a conditional offer
When the offer depends on a check that can only lawfully be run after an offer, say so plainly and describe the process the candidate will go through. Swap this in for the "Conditions" line above.
This is a conditional offer of employment. It is contingent on the
following, which will take place after you accept:
1. Background check. With your separate written authorization, we
will obtain a background report from [consumer reporting agency].
If information in the report may affect this offer, we will
contact you before making a final decision, give you a copy of
the report and a summary of your rights, and give you an
opportunity to respond.
2. [Medical examination / drug test], required of all new employees
in the [job category] role, carried out by [provider]. Results are
kept confidential and separate from your personnel file.
3. [License / certification] verification: confirmation that your
[license type, number] is current and in good standing.
Please do not resign from your current position until [name] confirms
in writing that these conditions have been met.The last line protects the candidate and you. A candidate who resigns before conditions clear and then loses the offer is a far worse outcome for everyone than a week's delay.
The cover email
Subject: Your offer from [Company] — [job title]
Hi [first name],
As we discussed [today / on (day)], I'm delighted to send your
written offer for [job title]. It's attached, and it matches what we
talked through: [pay], starting [date], [work setup].
Next steps:
1. Read it through, and call me with any questions: [phone].
2. Sign and return it by [date, time].
3. [Background check authorization will come separately from
(provider).]
Please hold off on resigning until I confirm the conditions are
cleared. I'll keep you posted.
[Name]A filled example
An invented company and candidate, showing the key paragraphs of a salaried offer.
Dear Jordan,
We are pleased to offer you the position of Senior Financial Analyst in the FP&A team at Northgate Components, reporting to Elena Ruiz, Director of Finance.
Start date: Monday, November 2. Your first day starts at 9:00am at 400 Mill Street, Columbus, Ohio. Hybrid, with Tuesday to Thursday in the office.
Pay: $4,230.77 per biweekly pay period (equivalent to $110,000 per year, for reference). Exempt from overtime.
Variable pay: eligible for the 2027 Annual Incentive Plan, target 10% of base salary, subject to the plan's terms. Eligibility does not guarantee payment.
Conditions: satisfactory completion of a background check, which requires your separate written authorization, and verification of your eligibility to work in the United States.
Employment at Northgate Components is at will. Please sign and return by 5:00pm Eastern on Friday, October 9.
Check the arithmetic in every letter: $110,000 divided by 26 biweekly pay periods is $4,230.77. A figure that does not reconcile is the most common reason a candidate calls with a question the day they receive the letter.
Legal points to check before you send
At-will wording, and where it does not apply
At-will employment is the default in most US states, and offer letters commonly say so to avoid being read as a promise of a set period. It is not universal. Montana's Wrongful Discharge from Employment Act, for example, provides that after an employer's probationary period a discharge must be for good cause, while during the probationary period either side may end employment for any reason (Mont. Code Ann. § 39-2-904). Union roles, public-sector roles and hires outside the US also work differently. Do not copy at-will wording into those letters without advice.
Equal treatment in pay and terms
Offers are covered by federal anti-discrimination law. The EEOC says it is illegal to discriminate in the payment of wages or benefits on the basis of race, color, religion, sex, national origin, age (40 or older), disability or genetic information, and that men and women in the same workplace must be given equal pay for equal work (EEOC: prohibited employment policies and practices). Keep a record of how each offer's pay was set against the range. Many states and cities also restrict asking about salary history or require pay ranges in postings; check where the role is based.
Medical exams and disability questions
Under the ADA, disability-related questions and medical exams are generally not allowed before an offer. After a conditional offer they may be, if all entering employees in the same job category go through them, and the results are kept confidential (EEOC enforcement guidance on pre-employment disability-related questions and medical examinations).
Background checks and criminal history
If you use a background check company, the Fair Credit Reporting Act requires a standalone disclosure and the candidate's written authorization before the report is obtained, and notices before and after any adverse action (FTC: using consumer reports). Some jurisdictions go further. California's Fair Chance Act generally bars employers with five or more employees from asking about conviction history before a conditional offer, and sets out steps before withdrawing an offer because of it (California Civil Rights Department). The FCRA background check process page goes through the steps.
Form I-9 timing
Do not send Form I-9 with the offer letter for completion before acceptance. USCIS guidance says Section 1 may be completed before the start date but not before the offer has been extended and accepted, and that Section 2 must be completed within three business days of the date of hire (USCIS Handbook for Employers, M-274). More in I-9 timing in hiring.
Pay notices, overtime status and restrictive covenants
- Pay notices at hire. Some states require a written notice at hiring. California Labor Code section 2810.5, for example, requires most non-exempt employees to receive a notice of pay rate, payday and employer details at the time of hire (Cal. Lab. Code § 2810.5). The offer letter may not satisfy that on its own.
- Exempt or non-exempt. A salary alone does not make a role exempt from overtime; the duties and salary tests do. The US Department of Labor's overtime pages link to the federal exemption tests, and some states set higher thresholds.
- Non-competes. If a non-compete is attached, check the state. California law says contracts restraining anyone from engaging in a lawful profession, trade or business are void to that extent, with limited exceptions (Cal. Bus. & Prof. Code § 16600), and several other states restrict them.
Wording to leave out
| Avoid | Why | Write instead |
|---|---|---|
| "Permanent position" or "job security" | Can be read as a promise inconsistent with at-will terms | "Full-time position" |
| "Your annual salary for the first year" | Suggests a one-year term | Pay per period, annualized "for reference" |
| "You will receive a 10% bonus" | Reads as guaranteed | "Eligible for… target… subject to the plan" |
| "Terminated only for poor performance" | Creates a cause standard | Your approved at-will paragraph |
| "We're like a family here" | Adds nothing a candidate can rely on, and can undercut the formal terms | Leave warmth for the call and the cover email |
| Health questions or references to age, pregnancy or family plans | Discrimination risk | Nothing; these do not belong in an offer |
The most reliable offer letter is one that matches the offer call word for word. If you keep a written record of that call, check the letter against it before it goes out; and if the call was transcribed, make sure the candidate knew at the start, as our consent guide explains.
Questions people ask
Is an offer letter a contract?
It can be, depending on the wording and the state. Letters that promise a fixed term, guaranteed bonuses or termination only for cause are more likely to be read as contractual commitments, which is why many US employers include at-will wording and say the letter is not a contract for a fixed period. Have counsel review your standard letter.
Should the offer letter state an annual salary or a pay period amount?
Many employers state the pay per pay period or per hour, alongside an annualized figure described as for reference, so the letter is less likely to be read as a promise of a year's employment. Either way, state whether the role is exempt or non-exempt from overtime.
Can I make the offer contingent on a background check or medical exam?
Contingent offers are common. Background checks through a consumer reporting agency require FCRA disclosure and authorization, some states and cities only allow criminal history checks after a conditional offer, and under the ADA medical exams are allowed only after a conditional offer and only if required of all entering employees in the same job category.
Can I ask a new hire to fill in Form I-9 with the offer letter?
Not before the offer is accepted. USCIS guidance says Section 1 may be completed before the start date but not before the job offer has been extended and accepted, and Section 2 must be completed within three business days of the first day of work.
How long should a candidate have to sign?
Commonly three to five business days for most roles, with the date written in the letter. Very short deadlines tend to push candidates towards a counteroffer conversation rather than a decision; very long ones leave you without a backup plan.