What contingencies can be in a conditional offer of employment?

Common hiring practices such as performing background and employment history checks can take time, sometimes several weeks. When an employee is needed urgently, a hiring manager might want to extend the offer of a position soon after a successful interview and before they can finish all of the new-hire processes.

Conditional offers are contingent on the successful completion of certain requirements and you can make them with or without restrictions. For example, some work tasks may require licensing to fulfill job requirements and certain positions need a security clearance.

When you use a conditional letter of employment, prospective employees can begin working with clear expectations of what is required of them before they can be officially hired. Common conditions you might include in a conditional employment offer can be that potential employees must:

• Successfully pass a background check and employment history verification
• Obtain certification or a license required for the position
• Pass a drug test
• Provide proof of relocation
• Gain any needed security clearance
• Complete any confidentiality or non-compete contracts
• Provide proof of education and experience and have that evidence verified by HR

What employment information needs to be outlined in a conditional offer

The conditional offer needs to provide a thorough summation of all wages and non-cash fringe benefits, such as vacation time, parking spots and stock options. You should include a description of the job, the hours and overtime. Also, describe if this is a salaried or hourly position, the wages and how often employees are paid. When creating a conditional employment offer letter, make sure to go over:

• Available retirement accounts and any employer contributions, such as matching
• Overtime requirements and holiday pay
• Available benefits packages, which might include medical, educational or other company incentives such as employee referral programs or a supplemental unemployment benefits plan

Conditional employment offer template

Fill in this template with the appropriate information for the proposed new employee and quickly craft an effective conditional offer of employment. Remove or insert any information as it applies to your business’s needs.

[Date]

[Candidate Name]
[Street Address]
[City, State, Zip code]

Dear [Candidate Name]:

Congratulations on securing the next stage of the hiring process. [Company Name] is pleased to offer you the position of [job title], starting [scheduled start date]. You will be reporting to [Title, Name]. This position is [employment classification, full-time or part-time or other] and pay starts at [insert wage] per [hour, week], to be paid [insert pay period time frame]. The compensation package, which is subject to plan and policy changes, also includes:

• Access to the company’s health insurance marketplace, including dental coverage and a flexible spending account
• Eligibility for benefits, including life insurance and disability coverage for short- or long-term disabilities or long-term care needs (waiting periods may apply)
• 401k with matching employer contributions up to [insert figure] annually
• Accruing paid time off (PTO) and company-funded holidays

We would like to extend you an offer of employment, contingent on the completion of the requirements listed below. Your initial employment will include a probationary period of [30, 60, 90, etc.] days, during which you will not be able to perform [list restricted work activities during probationary period] and will be directly supervised by [Title, Name of supervisor]. This offer is conditional on the completion of:

• Successfully passing a job skills test
• Passing a background check and drug screening
• Obtaining ___ licensure and ___ certification
• Obtaining level ___ security clearance
• Providing proof of eligibility to work in the United States
• Satisfactory reference checks and employment history verification
• Confirmation of education credentials
• Passing a physical exam designed to evaluate the ability to perform work functions

This letter does not guarantee employment. The offer can be withdrawn at any time and the selection process can be halted for any reason with written notification. If employment eligibility documentation for the I-9 form is not returned within three business days of your first day at the company, employment will be terminated in accordance with the Immigration Reform and Control Act.

While working as a conditional employee, your job duties will be:

[List job duties]

Once you accept the offer, you can begin orientation with the HR team. At this point, you can go over in detail all of the employee benefits, tour the company and meet your new colleagues. All new hire paperwork will be completed during the orientation as well.

Please accept our offer and return a signed copy to me at [insert email address or fax number] by [insert deadline]. Please contact me or [Title, Name] with any questions you may have. Thank you again for your prompt attention to the needs outlined in this offer. We look forward to having you join our team.

Sincerely,

[Name]
[Title]

Conditional letter of employment FAQs

Is there a time frame for a conditional employment offer?

Companies are free to impose timelines when making conditional offers. Typically, new candidates are given 30-90 days to meet the requirements, depending on what needs to be done. For example, earning a food handlers permit may only take a few days, but in order to serve alcohol, a wait staff employee may need to take a lengthy training course and should be given more time to meet this requirement. An HR department also must take into consideration how much time is needed to perform verifications and reference checks before deciding the time frame.

Can a company withdraw a conditional offer of employment?

This type of contract is not binding until both parties agree. Therefore, you can withdraw a conditional offer until the potential employee accepts it. After the candidate signs, you can withdraw the offer if they fail to meet the requirements or perform in a manner that would lead to losing the position. Most state laws define employment as at-will and companies are generally free to hire and fire as they see fit.

Conditional Letter of Employment Templates for PDF & Word

Download these conditional letter of employment templates to let prospective employees know what is required of them before being hired.

*Indeed provides these examples as a courtesy to users of this site. Please note that we are not your HR or legal adviser, and none of these documents reflect current labor or employment regulations.