Short Form Offer Letter – Employment Agreement (CA)
California Offer Letter – Non-Executive Employment Agreement (Short Form) Preparation Form (Coming Soon) – We recommend that you gather the information in this form prior to accessing the online questionnaire. Doing so will help you efficiently create your custom California Offer Letter/Short-Form Non-Executive Employment Agreement. The questions for California are relatively similar to other states, for which we have created preparation forms: New York.
This California-specific Offer Letter/Short-Form Employment Agreement outlines the general terms and conditions of employment for a non-executive employee. The authors have drafted this offer letter and employment agreement in favor of the employer. It is a conditional offer of employment. Once an employer decides to offer an applicant a position, they can send the applicant this agreement.
Employers often create employment agreements with non-executive employees by defining the terms and conditions of employment in the employee’s offer letter and asking the employee to sign the letter. Regardless of the format, an employment agreement should always contain at least the following terms:
- The position offered.
- Whether the position is exempt or nonexempt as prescribed by California law, which is more restrictive than the Fair Labor Standards Act (FLSA). Additionally, whether the position is full-time or part-time, and if part-time, the hours and days the employee is expected to work. Lastly, whether the employment is at-will or for-cause, and if the latter, the events triggering for-cause dismissal and the consequences of termination without cause.
- Whether the employment is for a specific term (and therefore not at-will). If so, what that term is and what happens at the end of the term.
- The pay offered.
- The frequency or schedule of wage payment.
- A statement of the benefits offered.
Under California law, wage-related information that certain employees must be given at the time of hiring are as follows:
- Employers must provide nonexempt employees specific information about their pay rates, paid sick leave rights, and other information.
- Employees whose compensation includes commission must be provided with a written commission agreement stating the method for computing and paying the commission.
Some employers may want to require that employees resolve employment-related disputes by binding arbitration rather than in court. In that case, the employer may consider adding a mandatory arbitration clause. However, courts have yet to decide whether statutory wage claims are arbitrable. The law is also developing regarding the arbitration of unpaid wage claims that would otherwise be under the purview of the California Labor Commissioner.
Helix Compliance, LLC (“Helix”) is not a law firm, and Helix’s employees and representatives are not acting as your attorney. Helix provides a technology-based platform for those seeking to prepare their own legal documents. Using Helix’s system-generated documents does not create an attorney-client relationship between you and Helix or any Helix employee or representative. Therefore, your communications with Helix do not constitute privileged communications. Likewise, neither the attorney-client privilege nor the work product doctrine protect your communications with Helix. Helix is not your lawyer in any way, shape, or form.
Using Helix’s documents is not a substitute for the expertise of an attorney. Thus, you should not use Helix’s system-generated documents as a substitute for legal advice. Additionally, you should not construe Helix’s system-generated documents as legal advice. Helix does not review any information provided to it for legal accuracy or sufficiency. Helix does not apply the law to the facts of your situation, and Helix does not draw legal conclusions. Further, Helix does not provide opinions about your selection of documents. Users seeking legal advice should consult a qualified licensed attorney.
Even though Helix seeks to ensure that document content is up-to-date, laws change rapidly. Therefore, Helix does not guarantee that each document is completely current. The law differs in each legal jurisdiction and may be applied differently depending on your factual circumstances. If you are unsure whether your situation requires a specific document or whether the document’s contents are legally sufficient for your specific purposes, you should consult a qualified licensed attorney.
This material is for informational purposes only. Helix is not responsible for any loss, injury, claim, liability, or damage related to your use of Helix documents. Your use of this material and Helix documents is at your own risk.