Free Employment Confirmation Letter

This program offers a listing of several different optional benefits to be provided to the employee, including vacation, sick leave, and personal days. In addition, the user is given the option of adding other, non-listed benefits. The program also contains language that indicates that the employer benefits may change from time to time.

"Commissions" are compensation paid to an employee (for example, a salesperson) or an independent contractor (perhaps also a salesperson). The commission is usually an amount calculated as a percentage of the worker's production. For example, a salesperson's commission is often a percentage of the salesperson's sales volume. A commission plan should be in writing and should clearly set forth limitations on the amount of commissions that can be earned, and the circumstances under which commissions will be paid.

Wage payments and commission payments to employees must comply with the requirements of the Fair Labor Standards Act, a federal law that sets forth rules regarding wages, working hours, and other employer/employee matters. For example, some types of employees must be paid at least twice per month. In addition, many states also have laws regulating minimum wage and overtime pay. In some cases, state law is more restrictive than federal law.

The Employment Agreements and the employment letters in this program do not address the requirements of minimum wage or overtime law. For additional information, contact an attorney or the local office of the "wage and hour" division of the U.S. Department of Labor (or similar state agency).

You may wish to specify how the potential employee should contact you to accept the terms of employment. Asking the employee to contact you through some form of written communication (letter, fax, or e-mail) will provide you with proof that the terms outlined in this letter were acceptable to the employee and consistent with the employee's expectations. However, if the employee is being asked to begin work in the immediate future, it may be necessary to have the employee contact you by phone to confirm a starting date.

The Employment Confirmation Letter may be used by an employer who has verbally discussed the terms and conditions of employment with the prospective employee and wants to confirm that discussion in writing. The employer should confirm what was said immediately after the final interview and prior to the time that the employee accepts the job offer. Wage payments to employees must comply with minimum wage/overtime laws. If the employee accepts the offer, it is highly recommended that the employment terms be formalized in an employment agreement.

Many employers reimburse their employees for various "out-of-pocket" expenses. For example, if the employee is required to use his or her car to conduct job duties on behalf of the employer, the employer may reimburse the employee by making a fixed "per mile" payment. Other expenses might include long distance phone calls, travel expenses, and education or seminar expenses.

Generally, it is preferable for an employer to retain maximum flexibility by making reimbursement "in accordance with Employer policies in effect from time to time." This allows the employer to change the reimbursement policy. However, this program also allows the option of specifying directly in the employment confirmation letter which expenses will be reimbursed.

Depending on state law, an employee may be hired for either a specific term or simply an ongoing basis (called an employee-at-will). An employee who is hired for a specific period is entitled to a certain degree of contract rights, and in most instances cannot be dismissed in a manner that is inconsistent with the terms and conditions provided for in the employment contract. It is strongly recommended that if the employee will be hired for a specified term that the employee be required to execute a written employment agreement. This program has such a document.

In contrast, an employee-at-will can be considered a temporary employee. The employment relationship is voluntary, and either the employer or the employee may terminate the existing arrangement at any time for any reason not otherwise prohibited by law (i.e. because of the employee's race or gender). If you intend for the employee to be hired as an employee-at-will, you should take all necessary steps to clearly communicate that intention to the employee. If you have any questions about assuring that the employment relationship will indeed be treated as employment-at-will, contact your attorney.

1. The Employment Confirmation Letter should be signed by the Employer at the end of the letter and a copy of the letter should be retained.

2. The letter should be mailed to the prospective employee immediately after the final interview and prior to the time that the Applicant accepts the job offer. This letter merely confirms the company's understanding of the terms and conditions that were discussed with the Applicant during the interview.

3. Note: This letter is not an Employment Agreement and the terms contained in the letter will not be considered binding upon the Applicant. If the Applicant formally accepts the company's offer, an Employment Agreement should be prepared and signed by the parties.

This program offers many different options regarding benefits to be provided to the employee, including provisions regarding vacation and sick leave. In each case the user can select from a variety of options that allows the user to state the benefits provisions however the user chooses.