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Ask an HR Expert
Jun 23, 2021 12:46:00 PM
How Should I Extend a Job Offer?
After identifying all terms and conditions of employment, articulate verbally the job offer to a prospective employee. Allow the prospective employee to ask questions about the job and the job offer.
An employer should send a written offer letter as soon as it communicates a verbal job offer to a prospective employee. The written offer should set forth and reiterate all the key aspects of the verbal job offer as communicated to the prospective employee. Offer letters should be clear, unambiguous and concise.
An employer should consider including language that welcomes the employee into the organization and sets the tone of the employment relationship. It is important for new employees to know they are part of a team and that their contributions are valued. Employees who feel they share the values of the employer are likely to be more loyal, productive and compliant with the employer's policies and procedures.
A conditional employment offer should make clear that only candidates who successfully complete and pass the other phases of the hiring process will become eligible for employment. However, an employer should keep in mind that the conditions must relate to the employer's particular business needs and should not be discriminatory or otherwise violate state or federal laws.
Any information regarding bonuses and incentives must be compliant with the employer's policy and applicable tax laws. In addition, the employer should ensure that it does not present such information in a way that could alter the at-will employment relationship (if applicable).
An employer must also ensure that any benefits offered are consistent with company policy and applicable federal, state and local laws.
An employer that requires a prospective employee to pass any background checks should review federal, state and local law requirements and limitations with regard to conducting the checks, notification requirements and using such information in a hiring decision.
Reach out to your FrankAdvice HR Consultant as needed.
Previous Updates
The short answer is yes. The Equal Employment Opportunity Commission (EEOC) has indicated in their guidance that it is generally permissible for employers to ask employees about COVID-19 vaccination status.
There may be reasons why employers want or need to know which employees have been vaccinated. For example, to aid in return to the office from remote work planning or to administer a leave program for vaccination. Employers are permitted to ask employees if they have been vaccinated and to ask employees for documentation. Most vaccine providers provide documentation relating to the shot, and this should be readily available to the employee.
One area of caution, however: employers should avoid digging too deep into other health inquiries to not run into conflict with other employment laws relating to discrimination and disability. For example, if an employee states their health provider has instructed them against getting vaccinated, management should not ask why the employee cannot receive the vaccine or ask questions regarding the employee’s underlying health condition.
Likewise, the employer should remind employees not to provide vaccination documentation that contains the vaccine recipient’s personal medical information. Once the employee provides the documentation, it should be stored in a secure location, separate and apart from the employee file, similar to other medical records.
While you may ask employees if they have been vaccinated, asking about why they have not been vaccinated may elicit information about medical status so you should only ask that question if it is “job-related and consistent with business necessity”. Per the EEOC, you meet that standard if you have a reasonable belief, based on objective evidence, that an employee who is not vaccinated would pose a direct threat to the health and safety of others or themselves. This is a tough hurdle to clear.
Decide if you need to know workers’ vaccination status and which company representative is responsible for this request for information. As we have seen with other issues related to COVID-19, many vaccination scenarios will require consideration of various factors. Reach out to your FrankAdvice HR Consultant for guidance as needed.
