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Marsha411JD , Lawyer
Category: Employment Law
Satisfied Customers: 19540
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have received a letter of intent to hire and an employee

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I have received a letter of intent to hire and an employee non-compete agreement from a prospective employer. The company is new and is waiting for three contracts to go through (one which according to the CEO will mostly likely be available in June). I explained to the employer that I am in need of work and that I may find something before the contract goes through. The letter of intent states my role and my pay but not my duties.

If I sign the letter of intent to hire am I obligated to work for this company and can they take legal action action me if I do not move forward with the signed agreement?
Submitted: 6 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 6 years ago.

Without knowing exactly what the letter says there is no way I can say for sure one way or the other, but unless the letter is signed by both parties and says that it is a contractual commitment that is enforceable, it is not likely a contract. This is especially true if the employer is not giving you anything but promise of future employment, versus employment right now. If you are concerned about there being a misunderstanding, then you can pen and ink it with an additional clause that restates what you told the CEO. Something to the effect that "unless sooner employed by another company..."
Customer: replied 6 years ago.

These are the letters of intent to hire and non compete agreement which I have pasted for your convenience. I omitted the parties name. I'm supposed to sign both but there is no area where the employer signs.





Dear XXXXX Doe,

I would like to confirm the offer of intent to employ you made by Jane Doe, President of Alliance International Solutions, LLC and its subsidiaries, as Director of Job Development for Alliance International Solutions, LLC, and to confirm the principal terms of your discussions.

You will initially be employed at Grant Solutions' offices at 999B Cascade Road SW, Atlanta, GA 30311.

Your commencing salary will be $68,000 gross per year if hired full-time or $32.69/hour if hired part time. Your official start date is to be determined. Exemption status is contingent on initial contract volume.

Please sign and return to me a copy of this letter and the Non-compete Agreement as your confirmation that you agree with the terms of this offer of intent to employ.

If you have any questions concerning the terms of our offer please let me know as soon as possible and I will do all I can to ensure they are answered.

I look forward to your reply and am very pleased at the prospect of you commencing this employment and contributing to the future success of Alliance International Solutions.


Jane Doe

President & CEO

I accept the employment terms set out in this letter and the enclosed Non-compete Agreement.

Signed: .................................................................

Dated: ..................................................................




Alliance GPS Monitoring Solutions, Inc.


For good consideration and as an inducement for Grant Solutions, Inc. (Company) to employ _________________________(Employee), the undersigned Employee hereby agrees not to directly or indirectly compete with the business of the Company and its successors and assigns during the period of employment and for a period of five (5) years following termination of employment and notwithstanding the cause or reason for termination. The term "not compete" as used herein shall mean that the Employee shall not own, manage, operate, consult or to be employee in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment. The Employee acknowledges that the Company shall or may in reliance of this agreement provide Employee access to trade secrets, customers and other confidential data and good will. Employee agrees to retain said information as confidential and not to use said information on his or her won behalf or disclose same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. Signed this _____ day of ________________________ 20____. _______________________________________ Grant Solutions Solutions, Inc. _______________________________________ Employee


Expert:  Marsha411JD replied 6 years ago.

If I were you, I would definitely memorialize the discussion you had with the CEO on this document. If it's not written, it doesn't exist, when everything else is written. At worst, the company might try to come after you for their expenses in finding an employee to replace you. Otherwise, there wouldn't be any damages for you canceling the intent.

I also would not sign the non-compete until I begin working since you have not receive "consideration" yet and you may possibly work for someone else.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19540
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Marsha411JD and 7 other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your help!
Expert:  Marsha411JD replied 6 years ago.
You're welcome and best of luck.

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