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Conditional Offer Letter Template
Conditional offer letter with contingency clauses (background, references, drug test, license, medical exam), FCRA adverse action steps, fair chance rules.
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What you get
- A full conditional (contingent) offer letter with a clear list of conditions and a deadline for each
- Paste-ready contingency clauses: background check, references, drug test, license, post-offer medical exam, and I-9
- A timing table showing which checks may run before the offer, after the offer, and after the start date
- FCRA pre-adverse and adverse action steps with sample letters
- Fair chance rules for California and New York City, EEOC individualized assessment factors, and ADA medical exam rules
Template preview
A preview of the structure. Download the PDF or CSV for the complete, ready-to-use version.
How this differs from a standard offer letter
A standard offer letter confirms the terms of a job. A conditional (or contingent) offer letter makes the same offer but states that it depends on specific checks, and says what happens if a check is not cleared. Use our offer letter template when the offer is final. Use this one when any check, such as a background check, a drug test, or a license verification, is still outstanding. The conditional offer is also a legal milestone. Many fair chance laws and the ADA only allow criminal history questions or medical exams after a real job offer has been made, so the letter must be a genuine offer, not a 'maybe'.
Offer details
- Candidate name and address
- Job title, department, and manager
- Work location— city and state drive which fair chance and drug testing laws apply
- Pay and FLSA status— e.g. $26.50 per hour, non-exempt
Sample conditional offer letter
[Company letterhead] [Date] Dear [Candidate name], We are pleased to offer you the position of [Delivery Route Driver] in our [Sacramento] branch, reporting to [Maria Ortiz, Branch Operations Manager]. This is a conditional offer of employment. It becomes final when you meet the conditions listed below. Terms of the offer - Pay: [$26.50] per hour, paid bi-weekly. This position is non-exempt and eligible for overtime. - Schedule: [Monday to Friday, 6:00 a.m. to 2:30 p.m.] - Benefits: eligible for medical, dental, and vision coverage from [the first of the month after 30 days], and 401(k) with a [4%] match. - Proposed start date: [Monday, October 19, 2026]. Conditions of this offer 1. Background check. A satisfactory background check by [Screening company], including [criminal history, motor vehicle record, and employment verification for the last 5 years]. You will receive a separate disclosure and authorization form to sign. Any criminal history will be assessed individually, considering the nature of the offense, the time since it happened, and the duties of this job. You will have the chance to respond before any decision is made. 2. Driving record and license. A valid [Class C] driver's license and a motor vehicle record that meets our insurer's standards for this role. 3. Drug test. A [5-panel] drug test at [clinic] within [3] business days of accepting this offer. [Omit or revise for jurisdictions that restrict testing for cannabis.] 4. References. Satisfactory references from [2] previous supervisors. 5. Employment eligibility. On your first day you will complete Section 1 of Form I-9, and within 3 business days of your start date you must present original documents that show your identity and authorization to work in the United States. This is required of every new employee and is not a condition you need to meet before starting. We will tell you in writing when all conditions are cleared. If we are considering withdrawing this offer because of information in a background report, we will send you a copy of the report and a summary of your rights first, and give you at least [5] business days to respond. Please do not resign from your current job until we confirm that all conditions are cleared. Your employment with [Company name] will be at-will. This letter is not a contract for a fixed period of employment. To accept, please sign below and return this letter by [date]. We look forward to working with you. [Name] [Title] Accepted: ______________________ Date: __________
When each check can happen
| Check | Before offer | After conditional offer | After start | Rule |
|---|---|---|---|---|
| Skills test, interview, work samples | Yes | Yes | N/A | Job-related and applied consistently |
| Criminal history (fair chance areas) | No | Yes | N/A | California Fair Chance Act; NYC Fair Chance Act; many other states and cities |
| Credit report | Where allowed | Where allowed | N/A | FCRA consent; several states and NYC restrict credit checks |
| Drug test (illegal drugs) | Yes under the ADA | Yes | Per policy | Not a medical exam under the ADA; check state cannabis laws |
Contingency clause library
Copy only the clauses that apply to this job. License or certification: 'This offer is conditional on verification that you hold a current, unrestricted [RN license issued by the California Board of Registered Nursing] before your start date, and that you keep it current during your employment.' Post-offer medical exam (only if every new hire in this job gets one): 'This offer is conditional on a post-offer medical examination at [clinic], required of all new employees in the [Warehouse Associate] job. Results will be kept confidential and separate from your personnel file. An offer will only be withdrawn if the results show you cannot perform the essential functions of the job, with or without reasonable accommodation, or would pose a direct threat to health or safety.' Education: 'This offer is conditional on verification of your [Bachelor of Science in Accounting from University of Arizona, 2021]. Please sign the release so [screening company] can verify it.' Signed agreements: 'This offer is conditional on your signing our Confidentiality and Invention Assignment Agreement, enclosed, before your start date.' Security clearance or client requirement: 'This offer is conditional on [client name] approving your access to its site under our services contract. We will submit your details within 2 business days of your acceptance.'
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How to use this template
- 1
Decide which conditions the job really needs
A driver needs a license check; an accountant may need a credit check where state law allows; most roles do not need a medical exam. Every condition you list must be applied to everyone hired into that job.
- 2
Send the letter before running conviction or medical checks
In fair chance jurisdictions, criminal history may only be checked after a conditional offer. Under the ADA, medical exams may only happen after one.
- 3
Get FCRA disclosure and authorization with the offer
If a background screening company runs the check, the candidate signs a standalone disclosure and authorization before the report is ordered.
- 4
Clear or withdraw in writing
Send a clearance email when all conditions are met. If a check could lead you to withdraw, follow the pre-adverse action, waiting period, and final notice steps before deciding.
Frequently asked questions
What is a contingent offer letter?
A contingent (or conditional) offer letter is a real job offer that becomes final only when listed conditions are met, such as a background check, drug test, references, or license verification. It should name each condition, say how and when it will be checked, and explain what happens if a check raises a concern.
Can an employer withdraw a conditional job offer?
Yes, if a listed condition is not met and the withdrawal is lawful. If the reason is a background report, the FCRA requires a pre-adverse action notice with a copy of the report first. California and New York City also require an individualized assessment and at least 5 business days for the candidate to respond.
Is the I-9 a condition of a job offer?
No. You cannot use Form I-9 to screen candidates before or as a condition of the offer. The new hire completes Section 1 no later than the first day of work, and the employer completes Section 2 within 3 business days of the start date. The offer letter can explain that this is required of all new employees.
Can you require a medical exam after a conditional offer?
Yes. Under the ADA, a medical exam is allowed after a conditional offer and before the start date if everyone entering the same job category must take it. Results must be kept confidential and separate from the personnel file, and an offer can only be withdrawn for job-related reasons after considering reasonable accommodation.
How long does a conditional offer usually take to clear?
Most background checks return in 2 to 5 business days, but county court searches, education verification, and international checks can take 2 weeks or more. Set the start date 7 to 10 business days after acceptance and tell the candidate not to resign from their current job until you confirm clearance in writing.
What is the difference between a conditional and a contingent offer letter?
None in practice. Both mean an offer that depends on stated conditions being met. 'Conditional offer' is the term used in the ADA regulations and in fair chance laws such as California's and New York City's, so it is the safer wording to use in the letter itself.