Just before accepting that job offer...

By Mark Swartz
Monster Contributing Writer

What a relief! After all those resumes you sent. Then came the nerve-wracking interviews. Now, at last, you’ve got a real job offer.

Time to accept quickly and kick back to celebrate. Right?

Hopefully so. But did you realize that the offer – whether verbal or in writing – is a legal contract? Once you agree to its terms you could be stuck with them. So take a few extra steps before replying “Yes!”

Ask For The Offer In Writing

A job offer is legally binding on both you and the employer once you accept it. You wouldn’t let your mechanic start working on your car without a written quote. You shouldn’t agree to start working either till you get the full offer in text.

Why? For a couple of reasons. The written version captures every important detail the employer is offering you. It’s your responsibility to ensure that nothing’s missing.

Otherwise you’re relying on your memory (and the employer’s honesty). Keep this crucial factor in mind: if an essential detail doesn’t appear on the written offer, you’d have a heck of a time enforcing any verbal commitments that were made. Ask anyone who’s tried to prove undocumented agreements in court.

What Should The Offer Contain?

In terms of employment contract basics, certain elements are usually included. Here are some of the standard items to look for:

· Title and main duties of the job being offered

· Exact salary per year, month, or hourly rate

· Other compensation amounts (bonuses, overtime, stock options) and timing

· Brief outline of the key job duties you’ll be expected to perform

· Vacation entitlement and other perks if more than the statutory minimums

· When you’ll be eligible for benefits

· How long before your first performance review, and the frequency of them thereafter

· Address of the employer and location of where you’ll be working (if different)

· Official start date for the first day of work

Make Sure It Meets Your Minimum Standards

When you first began this job search, you probably thought about an ideal position to aim for. There’s a salary range you’ve had in mind. A job title you’d like to have. Plus other aspects that mean the most to you.

Does this written offer meet your minimum standards for each crucial item? If not you may need to negotiate before accepting. In any case, take this opportunity to ask any probing questions you may have.

Note that if you agree to the offer without changes, you’ll probably have to wait until your performance review to ask for better terms. That could be as far as a year away from your start date. And you’ll be limited to standard revisions – e.g. a slight raise or marginally better benefits that other employees like you get.

Get The Offer Reviewed Legally

If you negotiate and get agreement on changes, ask for a copy of the revised offer. It will form the basis of an employment contract with the company.

Whether you’ve had changes made or not, now’s when to get the contract looked over for possible flaws. You’re no legal expert. How would you spot clauses that could limit your rights later on? Nor will you detect the absence of clauses that should be included.

An employment lawyer will quickly review the offer for you. Think of it as a kind of insurance policy. It typically takes an hour or two of a lawyer’s time. You may save thousands of dollars and hours of grief down the road.

If The Employer Rushes You

The employers may push you for a signed-back agreement. It isn’t unusual. They too have invested time and resources in this job search. As soon as you respond they can move forward either way.

Normally the employer will give you a day or two if asked. They realize you may need a bit of time to get proper advice. A legitimate employer won’t force you to decide on the spot. They wouldn’t want to hire someone who feels they’ve been unduly pressured.

Consider turning the offer down respectfully if denied a reasonable chance to think things over. Sure you’re anxious to be re-employed. But if squeezed uncomfortably into a job you don’t like, it won’t be easier to search for another soon after. Besides, who says you can’t re-apply after saying “no?”