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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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We have a postion for 3 months, do we need to write and employment

Resolved Question:

We have a postion for 3 months, do we need to write and employment contract for that period and have the person on payroll. I just want to be sure they are not under benefits for unemployment when the 3 months are finished
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Yes, it would normally be best to at least present an offer letter to the employee and retain a copy for their personnel file, so it is clear it is a short-term assignment.

A contract of employment would not typically be necessary unless you wish for the employee to be unable to terminate the employment early unless they have good cause or provide notice. At the same time, a contract would normally require the same of you.

In either case, if it is clear that this is a short-term assignment, the employee should not be eligible for unemployment benefits if they work the 3 months and the assignment simply ends as anticipated.

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Customer: replied 5 years ago.

how detailed does the offer letter need to be, are there any links showing examples.


The person would need to be on payroll correct?



Expert:  Tina replied 5 years ago.
Yes, the employee should be included on your payroll.

Here is a link with a sample offer letter for you:

All the best to you in 2012.

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Customer: replied 5 years ago.
to clarify, if it states in writting that the postion is only being offered for 3 months then the person can not claim unemployment benefits after postion is finished
Expert:  Tina replied 5 years ago.
No, I'm sorry, but the employee would normally be eligible for unemployment if they meet the criteria unless they are terminated by you for good cause.

Here is a link that provides more information on this issue:
Customer: replied 5 years ago.

so the offer letter (for 3 month postion) that you suggestd would not be enough;

even a temporary employee can draw unemployment from us?


What about people that only work on short term projects for a company?

Expert:  Tina replied 5 years ago.
The only way to avoid unemployment benefits being paid with certainty, is to hire the worker as an independent contractor typically.

Here is a link that sets out the factors that must be considered in classifying a worker as an independent contractor:
Tina and other California Employment Law Specialists are ready to help you