Are offer letters binding?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are offer letters binding?
Are offer letters binding when signed? When do they become binding? Is
there a three day grace period?
Asked on September 30, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, an offer letter is not binding unless and only if it limits the employer's ability or power to terminate the employee, such as--
1) Guarantying a job for a given period of time, barring wrongdoing (termination "for cause"), such as a one-year contract; and/or
2) Limits the reasons for termination (such as to only certain causes) or requires that a certain discipinary process (such as progressive discripline or a right to a hearing).
Otherwise, if there is no limitation on termination, the employee (or candidate/potential employee) is an "employee at will" and may be terminated at any time, for any reason, without notice. And being able to terminate the employee at any time for any reason allows the employer to alternately withdraw an offer, change the start date, and/or change the job (different job or title, different pay, etc.) at will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.