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Posted: June 19, 2022
After sorting through hundreds of resumes and interviewing countless applicants, it is a huge relief to finally find your ideal candidate. As you get ready to send out an offer letter, you realize that you haven’t run a background check on the candidate yet. What happens now? Good news – you have the option of sending the candidate a conditional letter of employment that requires them to pass a background check prior to their start date.
Given the fast pace of today’s job market, many of our clients are wondering if extending conditional job offers is a good idea or not. While historically we may have advised against conditional job offers, they may be necessary in today’s fast-moving labor market, especially since background and drug tests checks are currently being delayed by courthouses, legislation, supply chain challenges and numerous other factors. However, we advise that a candidate should not begin work until all requirements have been met.
Here is the rundown of the advantages and disadvantages of conditional job offers.
What is a conditional job offer?
A conditional offer of employment is a formal communication outlining an offer of employment that is dependent on the applicant adhering to certain requirements prior to starting the position. Conditional job offers are commonly used for full-time positions, contract positions, or internships.
Reasons for Sending a Conditional Job Offer
Here are common reasons for extending a conditional job offer:
Advantages of a Contingent Job Offer
Here are a few advantages of contingent job offers:
Risks of Contingent Job Offers
According to the U.S. Equal Employment Opportunity Commission, conditional job offers can be somewhat risky for employers – if the offer is rescinded, the applicant has the legal right to review the results that led to the decision. If any of the information is found to be false or shows signs of discrimination, the employer can potentially be held liable for it.
Best Practices for Contingent Offers
For more information on extending conditional job offers or regarding other hiring practices, please contact us at (877) 360-4636.
Please consult with qualified legal counsel when considering using offers of conditional employment.