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Conditional Employment Relationship

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The interview was ideal and the applicant's qualifications were impressive. Now that you have found the perfect candidate for the position in your small business, you want to hire her. If you want to get your new employee up and running quickly, you can offer her a conditional employment offer in good faith; that is, a vacancy with unforeseen events. The best way to do this is with a letter with the employment conditions.


As a small business owner, it's important for you to have upstanding employees you can trust. A conditional employment contract is a formal work offer that depends on the employee who goes through certain tests or conditions. The job offer is only formalized after all the conditions have been met. If the applicant doesn't meet the requirements of your company, you can simply withdraw or withdraw the job offer.


Not long ago, employers relied on their instinct - and the word of the applicant - when it came to taking on a job. But because of the increasing need for more security after September 11, as well as corporate scandals and falsified information, employers must protect themselves. The background check can reveal an unscrupulous or problematic employee, white collar criminal, drug user, convicted sex offender or other potential liability, according to the Privacy Rights Clearinghouse.


When you immediately need a critical position, it's often not possible or feasible to wait for the results of a background check before the new lease starts. In addition, if you don't have a formal relationship with the candidate - which is specified with a conditional letter of employment - you may not test for drugs or perform a background or credit check. Under the Fair Credit Reporting Act, you must disclose that consumer reports can be obtained. All applicants must sign the correct releases and paperwork so that you can proceed. You can have the applicant start before or after the results have been received.


The conditional letter must state the position that you have offered, with a clear and indisputable statement that the position depends on a successful background check and that you have the right to cancel the offer if the results are unsatisfactory. Specify, if known, the number of days needed to receive the test results. State the start date and the initial payment interest and all other relevant details that are specific to your organization. Specify a deadline and request the signature of the future employee as acceptance of the work offer.

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