This is an area that many employers choose to avoid, thinking they will get in trouble if they put anything legal in an offer letter. The point of this section is to communicate to the job candidate that there are some things that need to be considered when accepting the position. For example, including some language that lets the candidate know that the offer letter is not an employment contract. You should include a written statement that employment with the company is at will, meaning that the employment relationship may be terminated by the employer or employee at any time and for any or no reason (check your state laws first).
According to a recent Society for Human Resources (SHRM) article
, "A contract binds both the employer and the employee; an at-will statement may alleviate that commitment. If statements were made by the employer during the interview process, either orally or in writing (e.g., in an offer letter), that imply an employment agreement, then the employer may have an obligation to uphold it as a contract. The employers should seek legal guidance in those matters."
This is also a great section to let the candidate know if they will be considered either as an exempt or nonexempt status. To be exempt means they are typically salaried and therefore don't receive overtime pay and may not be eligible for minimum wage. The nonexempt employees are typically hourly employees. To get a better understanding, visit the US Department of Labor website under Wage and Hour Division
. You will also want to include any contingencies here. An example could be that, "This offer is contingent upon completion of an I-9 form as well as any other background checks, drug screens, physicals, or confidentiality agreements," that you require employees to complete.