When to Get an Offer in Writing

From: Jack Chapman

There's four levels of getting it in writing:

Level 1.         “jotting it down” so we're clear,

Level 2.         getting a written formal offer from the company,

Level 3.         extra contractual agreements like non-compete, non-disclosure, non-solicitation, and confidentiality, and

Level 4.         unique features of your employment or compensation that limit an employer's right to fire you “at will.”

Level 1 applies every time.  In hurry-up situations it's doubly important to get it “jotted down” before you leave the negotiating table.  Things are going fast and you want to know that what you bargained for will not get lost in the shuffle.  Putting it in writing is a way of getting your employer to be extra awake, aware and clear about the terms, dates, amounts, etc.  I recommend the word “jot.” “Let's jot it down so we're clear” is more user-friendly and less intimidating than “Let's write it up.” 

If the company policy is to send a written/e-mailed offer letter, that's Level 2.  As long as you have agreed to a definite date for acceptance, there should be no danger of losing an offer to interlopers and you can wait for a confirmation letter from the employer.  Especially when the offer is more complicated than the standard one of salary, benefits, and starting date, “jot it down.” 

If you want a little more control of the situation, you can offer to write and send a letter of acceptance that reiterates the offer.  Compose that letter from the notes you “jotted down” at the time. 

Write up the elements of the offer neatly during the interview and ask your employer to look it over.  Then have a duplicate made for yourself.  You'll be glad you got it all clear and so will your employer.

Level 3.  Sometimes employers have non-compete, non-disclosure, etc., agreements for you to sign.  They may look like innocent boilerplate documents, but don't sign them yet.  Read about these in Special Situations, Chapter 8.

Level 4 occurs when you have a lot at stake by accepting an offer—as when having to resign another position.  You may want to limit the employer's right to hire/fire “at will.”  You'll definitely want the offer in writing, and this time it should be typed out in a formal letter, and you may need a contract prepared by a lawyer.  Generally you'll have no problem getting that letter and, more important, a day to solidify your decision.  Situations requiring a formal contract are also covered in Chapter 8 under “When Do I Need to Talk to a Lawyer.”

Delay giving notice to your present employer until you have your letter or formal agreement from the new one.

The final acceptance of an offer can be done by phone.  In the normal-paced version of this option, you will take the time you need to think through the offer coolly before calling to accept.

When you call, you may request a more formal written offer so that you don't quit your present job, then find yourself unemployed.  In larger companies the personnel department provides one within a week.  Or you can offer to write a detailed letter of acceptance yourself, if you wish.  In any event, communicate your enthusiasm once again, and assure your employer how well you expect this to work out.

Jack Chapman is a nationally know job coach and seminar speaker specializing for the last 20 years in salary negotiations and job interviews.

For more information on Salary Negotiations, please visit: http://www.breakthrough-salaries.com/

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