Template · Offers and pre-employment
Conditional offer letter
In short
A conditional offer letter is a job offer that becomes final only after the candidate clears listed pre-employment conditions, such as a background check, drug screen, license verification or post-offer medical exam. This template states the terms, lists each contingency, explains the process if something comes back, and records the candidate's acceptance and consent to proceed.
Conditional Offer of Employment template
Conditional Offer of Employment
Use this letter when one or more pre-employment checks will happen after the offer. List only the contingencies that apply to this role. Send the separate FCRA disclosure and authorization form with this letter, not inside it.
Header
[Company Legal Name] [Company Address]
[Date]
[Candidate Name] [Candidate Address] [Candidate Email]
Re: Conditional Offer of Employment, [Job Title]
The offer
Dear [Candidate Name],
We are pleased to offer you the position of [Job Title] in our [Department] team at [Work Location / Remote from State], reporting to [Manager Name], [Manager Title]. This offer is conditional, which means it becomes final once the conditions listed below are satisfactorily completed. Please read this letter carefully, including the section on what happens if a condition is not met.
Terms of employment
Position: [Job Title], [full-time / part-time], [exempt / non-exempt] under the Fair Labor Standards Act and applicable state law.
Pay: [$[Annual Salary] per year, paid [biweekly] / $[Hourly Rate] per hour, with overtime paid as required by law], less applicable withholdings.
Schedule: [e.g. 40 hours per week, Monday to Friday, 7:00 a.m. to 3:30 p.m. / rotating shifts including weekends].
Benefits: You will be eligible for [list main benefits] beginning [date or waiting period], subject to the terms of each plan.
Proposed start date: [Start Date]. Your start date is confirmed only after all conditions are cleared. If clearance takes longer than expected, we will agree a new start date with you.
Conditions of this offer
This offer is contingent on the satisfactory completion of the following [delete any that do not apply]:
1. A background check conducted by [Consumer Reporting Agency Name], which may include [criminal history, employment verification, education verification, motor vehicle record, credit history where permitted by law]. You will receive a separate disclosure and authorization form. No check will begin until you sign it. 2. A [5-panel / 10-panel] drug screen at an approved collection site within [number] days of accepting this offer, conducted in line with our drug and alcohol policy and applicable state law. 3. Verification of your [license / certification name and number], which must be active and in good standing on your start date. 4. A post-offer medical examination [or physical abilities test] required of all new employees in this job category, conducted by [Provider]. Results will be kept confidential and separate from your personnel file. 5. Satisfactory professional references from at least [number] former supervisors. 6. Proof of identity and authorization to work in the United States, as required on Form I-9, presented within three business days of your start date.
If a condition is not met
If information from a background check may lead us to withdraw this offer, we will first send you a copy of the report, a summary of your rights under the Fair Credit Reporting Act, and any notice required by state or local law. You will have at least [5 business days / the period required by law] to tell us if the information is inaccurate or incomplete, or to share evidence of rehabilitation or other context. We will consider what you send us before making a final decision.
We will not automatically disqualify you because of a criminal record. Any decision will consider the nature of the offense, the time that has passed and its relevance to this job, as required by applicable law.
If you need a reasonable accommodation for any part of this process, including the medical examination or drug screen, contact [HR Contact Name] at [Email / Phone].
At-will employment and entire agreement
If you join, your employment will be at will, meaning either you or the Company may end it at any time, with or without cause or notice. This letter and the documents referenced in it are the complete terms of our offer and replace any prior discussions.
Response
Please accept this conditional offer by signing below by [Time] [Time Zone] on [Response Deadline], and return the signed authorization form so we can begin the checks. We recommend that you do not resign from your current position until we confirm in writing that all conditions are cleared.
If you have questions, contact [Recruiter Name] at [Phone] or [Email].
Sincerely,
[Signer Name] [Signer Title] [Company Legal Name]
Enclosures: Background check disclosure and authorization form; [Drug screen instructions]; [State-required notices]
Candidate acceptance
- I accept this conditional offer and understand it becomes final only after the conditions above are completed satisfactorily
- Candidate printed name
- Candidate signature
- Date
HR use only: clearance record
- Background check
- ClearedPre-adverse action sentNot applicable
- Drug screen
- NegativePending reviewNot applicable
- License / certification verified
- YesNoNot applicable
- Medical exam
- ClearedAccommodation reviewNot applicable
- Date all conditions cleared
- Confirmed start date
- HR signature
How to use this template
- Confirm which contingencies apply to this job, and check your state and city rules on when criminal history, credit or salary questions may be asked.
- Fill in pay, classification, schedule and benefits exactly as approved, then delete any condition in the list that does not apply.
- Send the letter together with a standalone FCRA disclosure and authorization form, and do not start any background check until it is signed.
- Give the candidate a clear response deadline and tell them not to resign from their current job until you confirm clearance.
- Track each condition in the HR clearance block as results arrive, and follow the pre-adverse action steps before withdrawing for any background check finding.
- Once everything clears, send a written confirmation with the final start date and move the candidate into onboarding.
When to use a conditional offer
Use a conditional or contingent offer letter whenever a check will happen after the candidate says yes. That covers most hourly, healthcare, financial services, transportation and government contractor roles. In many places it is not optional. Fair chance and ban-the-box laws in a growing number of states and cities, including California and New York City, generally bar employers from asking about or checking criminal history until a conditional offer has been made. The ADA also limits medical exams and disability-related questions to the period after a conditional offer.
The letter does two jobs: it locks in the terms so the candidate can make a decision, and it states plainly what still has to happen. Our standard offer letter template works for offers with no pending checks. For the concept and how it is used across industries, see the glossary entry on a contingent job offer.
Background checks and the FCRA
If a third-party agency runs the background check, the Fair Credit Reporting Act applies. In practice that means three things:
- Give a clear, standalone written disclosure that a report may be obtained, and get written authorization before ordering it. Do not bury the disclosure in the offer letter; courts have penalized employers for extra language in the disclosure document. Use a separate background check authorization form.
- Before taking adverse action based on the report, send a pre-adverse action notice with a copy of the report and the CFPB's Summary of Rights, and give the candidate a reasonable period to respond. Five business days is the common practice; some jurisdictions set the period by law.
- If you then withdraw the offer, send a final adverse action notice with the agency's contact details and the candidate's dispute rights.
Several states and cities add an individualized assessment of the conviction's relevance to the job and their own notice forms. Check the rules for the work location, not just headquarters. See our glossary on the FCRA for the details.
Medical exams and drug tests
Under the ADA, a post-offer medical exam is allowed only if it is required of all entering employees in the same job category, and the results must be kept confidential and stored separately from the personnel file. You can withdraw an offer based on results only if the person cannot perform the essential functions of the job even with reasonable accommodation, or poses a direct threat that cannot be reduced by accommodation.
Tests for illegal drug use are not medical exams under the ADA, but state law shapes them heavily. Several states restrict testing for cannabis or limit adverse action for off-duty use, while DOT-regulated roles have their own federal testing rules. Write the drug screen condition to match your actual policy and the law where the employee will work.
Common mistakes
- Listing every possible check. Only list conditions that apply to this role. A credit check for a warehouse associate is hard to justify and illegal for most roles in several states.
- Vague contingencies. "Satisfactory references" with no definition invites dispute. Say what is checked.
- Letting the candidate resign too early. Tell them in writing to wait for clearance. Withdrawing an offer after someone has quit their job creates real harm and, in some states, a promissory estoppel claim.
- Skipping the pre-adverse action step because the finding seems obvious. The process is required regardless.
- Silence during long checks. If a county court search takes ten days, tell the candidate. Silent waits are where new hires accept other offers.
Conditional offers at volume
When you are hiring 200 seasonal associates, the conditional offer, authorization form and drug screen instructions should go out as one package the moment the hiring decision is made, signed electronically, with the background check ordered automatically on signature. Track clearance by candidate and chase stalled items daily; in high-volume hiring the time between offer and clearance is often where the most candidates drop out. Sending offers through a job offers workflow keeps the letter, signature and status in one place. For the candidate-facing message, the contingent job offer email template pairs with this letter.
Frequently asked questions
What is a conditional offer letter?
It is a written job offer that becomes final only after the candidate meets stated conditions, such as passing a background check, drug screen or post-offer medical exam, or verifying a license. It sets out the job terms and the conditions in one document.
Is a contingent offer letter the same as a conditional offer letter?
Yes. The terms are used interchangeably. Both describe an offer that depends on the candidate clearing specified pre-employment checks.
Can an employer withdraw a conditional job offer after a background check?
Yes, but only after following FCRA steps when a consumer reporting agency ran the check: a pre-adverse action notice with the report and Summary of Rights, a reasonable chance to respond, then a final adverse action notice. State and local fair chance laws may add an individualized assessment and longer waiting periods.
Should a candidate resign after receiving an offer contingent on a background check?
It is safer to wait until the employer confirms in writing that all conditions are cleared. Good practice is for the employer to say so in the letter.
How long does a conditional job offer background check take?
Typically two to five business days for a standard criminal and employment check. County court searches, international records or education verification can take longer. Tell the candidate if it is running late.
Can I ask about criminal history before making a conditional offer?
In many states and cities, no. Fair chance laws in places such as California and New York City generally require employers to wait until after a conditional offer. Check the rules for the job's location.