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Writer's pictureScott Munden

An Offer of Employment? Get it in Writing

It always amazes me when I encounter intelligent individuals who make the mistake of assuming they have a job “in the bag,” proceed to resign from an existing position, and then discover what was “in the bag” was a big puff of smoke that dissipates before their eyes.

Offer of Employment, Private Service, Privitae Service Employment Contract
An Offer of Employment that goes "Poof"

For over 20 years I have heard story after story of individuals who, in good faith, thought that a verbal offer carries the same weight as a written offer. Don’t get me wrong... I understand that regardless of whether an offer is written or verbal, it is in fact a legal contract. But one is much firmer than the other.


As I see it, the problem rests with the nature of verbal offers. Simply put, they are so easily revoked or revised. And when this occurs, the applicant is placed in a precarious position. If they have resigned a previous job, they are hardly in a position to fund a legal argument for breach of contract, let alone file a case against the resources that can be marshalled by an Ultra-High-Net-Worth employer.


Each time I hear a story similar to the one above, I groan. I mean that. I audibly groan. So, repeat after me...


“I will not quit my job until a written offer of employment has been presented and agreed to by both parties.”

Savvy candidates for a position will make no plans, take no action until they have received that written offer, reviewed it several times, possibly sought the counsel and approval of an employment lawyer, and then, and only then, do they sign. Furthermore, they make no plans, take no action, do nothing until their prospective employer has signed back the offer and returned a copy to them.

Employment Contract, Domestic Staff Employment, Private Sevice Staff Employment Offer
Get that Offer of Employment in Writing

Here is another important bit of advice... Hold onto that contract. Place it somewhere safe, where it will not be lost. If it is an electronic copy, print several copies and file them for posterity. Back up that electronic copy to mitigate a catastrophic crash of a hard-drive.


Besides making an offer of employment a reality, the beauty of a written offer is that it establishes clarity for both employer and employee. It prevents misunderstanding from occurring and, in the process, protects both sides. Because of this, written offers are always in the best interests of both employee and employer. Why either party would eschew a written contract is, frankly, beyond me. A good recruiter will guide a prospective employer accordingly.


There are understandable reasons why verbal agreements never find their way onto paper. Verbal offers are typically made by an employer or a representative contacting an applicant and telling them they have the job. The applicant is elated and, in their euphoria, does not think to take the necessary steps to slow down the hiring process. For example, rather than simply say “yes” to a verbal offer, it is always a better practice to tell the employer that “I’m so excited by this news. I look forward to receiving the written offer of employment.” In so doing, the applicant makes their expectation clear to the employer and it is up to the latter to follow through.

It isn't necessarily the case that there is ill intent by not putting an offer in writing. It could be a lack of guidance or simply getting carried away with the excitement of finding a great new employee and forgetting best practice hiring protocols.

In some situations, an employer might feel trapped by fear of an inflexible contract. In response, they resist committing an offer to paper. However, an offer that is well-drafted can make clear that the position being offered is a living and evolving one. There is language that can be employed to protect employers from inflexible contracts.


In other cases, an applicant might feel pressured by an employer to agree to start on a specific date. A written offer may or may not follow. Instead, the applicant should make clear that they cannot commit to a start date until a written offer is presented and agreed to so that official notice can be given to their current employer. The strategy establishes the professional bona fides of the applicant and encourages the employer to prepare a written offer. If the employer continues to resist, applicants should ask themselves why this is the case. It is a red flag.

Household Manager, Executive Housekeeper, Private Service Staff
Beware of Red Flags

If we accept that written offers are critical, what are some of the things that should be included? A well written job offer simply itemizes the facts of the job. For example, it should definitely include the following:


  • Name of the employer

  • Location(s) of employment

  • Position title

  • Start date

  • Salary

  • Bonus policy

  • Vacation policy

  • Statutory Holiday policy

  • Uniform policy

  • Description of any benefits and timeline for when they come into effect

  • Pay periods (weekly, bi-weekly, semi-monthly, or monthly)

  • Whether payment will be by cheque or direct deposit

  • Identify any probationary period

  • Identify the reporting structure

  • Household rules

  • Include a job description that is dynamic and flexible

  • How and when performance reviews are conducted. If these are tied to salary reviews, it should be noted.

  • Expected schedule that includes a stipulation for flexibilityVacation policySick day policyAgreement that all necessary tax deductions will be withheld at source by the employer Confidentiality agreement (this is critical)

  • An explanation of any contingencies on which the offer is based (i.e. a positive result from a background check)

  • An explanation on how termination will occur if it is required

  • The jurisdiction and any legal framework that guides the agreement

  • Confidentiality agreement

  • Privacy policies

  • Addenda that include things like Live-In Agreements or Household Standard Operating Procedures


There certainly other items that can be included, but the above is a fairly good start.


As mentioned previously, both employer and employee are served well by establishing clarity in the beginning of their relationship. Leaving things murky might feel open-ended in a positive way, but, more often than not, murk results in misunderstanding(s) that may cause employee/employer relationships to disintegrate.


Finally, just because we are Private Service Professionals who work in family homes, does not negate the need for standards of professionalism. Following standard hiring protocols will serve both parties well in the long run. Isn't that the outcome we all seek?


© Portico Inc., 2024

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