Establishing secure connection…Loading editor…Preparing document…

Employment Contingent Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYMENT CONTINGENT AGREEMENT

Parties and Position

Employer Name:

Employee (Applicant) Name:

Personal Information

Position and Compensation

Proposed Start Date:    Salary / Rate:    Pay Frequency:

Employment Type:

Contingent Conditions of Employment

This offer of employment is conditioned upon the satisfactory completion of the items listed below. Employee acknowledges and agrees that failure to satisfy any contingency shall entitle Employer, in its sole discretion, to withdraw the offer or terminate employment.

  1. Background investigation and verification of criminal history and employment records to Employer's satisfaction.
  2. Drug/alcohol screening where required for the position and consistent with applicable law.
  3. Verification of education, professional licenses or certifications claimed by Employee.
  4. Proof of identity and legal authorization to work in the United States.
  5. Other conditions:

Deadline for satisfying contingencies: Employee must satisfy all contingencies within days of the date Employer delivers this Agreement to Employee.

Background Check and Release

I authorize Employer and its agents to obtain consumer reports, investigative consumer reports, and any other information regarding my background, education, credentials, employment history, and criminal record. I authorize any person, institution, or former employer to release such information to Employer or its designated vendors. I release all such persons and entities from liability for providing such information in good faith.

Applicant understands that information obtained through background checks may be used as a basis for a decision to withdraw the offer or terminate employment. Applicant will be provided any disclosures and notices required by applicable consumer reporting laws prior to such checks, and Applicant will have the opportunity to dispute the accuracy of any consumer report.

Consent to background check:

Drug and Medical Screening

If applicable to the position, Employee must submit to drug and/or medical screening as required by Employer. The offer is conditioned on receipt of satisfactory results. Refusal to submit to testing or a positive result may result in revocation of the offer.

Consent to testing:

Employment History

Dates Employed: From to

Dates Employed: From to

Education

Graduation Date:

Professional References

Legal Disclosures

At-Will Employment: Employee's employment with Employer is at-will, which means that either Employer or Employee may terminate the employment relationship at any time, with or without cause and with or without notice, except as otherwise required by law or by a written agreement signed by an authorized representative of Employer.

Equal Opportunity: Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic under applicable law. Employment decisions will be made on the basis of qualifications and business needs.

Applicant Certification and Authorization

I certify that all information provided in connection with this Agreement and in any submitted application or resume is true, complete, and correct. I understand that any misrepresentation, omission, or falsification may result in withdrawal of this offer or termination of employment.

Authorization to Contact Prior Employers and References:

Applicant Affirmation:

Remedies, Governing Law, and Miscellaneous

Employer may revoke or rescind this offer if any contingency is not satisfied within the time period set forth above or if information relevant to the contingencies is discovered that, in Employer's reasonable judgment, renders the Employee unsuitable for the position. Nothing in this Agreement shall be construed to limit any rights or remedies available to Employer under law.

This Agreement shall be governed by the laws of the state in which the primary place of employment is located, without regard to its conflict of law principles. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgment

By signing below, Employer and Employee agree that this document represents the complete contingent offer and the conditions thereof. This Agreement is effective when signed by both parties and dated accordingly.

Employer — Printed Name:

By:

Date:

Employee (Applicant) — Printed Name:

By:

Date:

Enter text✕

What an Employment Contingent Agreement Covers

An Employment Contingent Agreement is a written contract that conditions an offer of employment on specified prerequisites such as successful background checks, drug screening, verification of credentials, immigration eligibility, or completion of certifications. It defines the conditions that must be satisfied before employment becomes final, the timeline for meeting those conditions, and who bears the cost. The agreement clarifies rights and obligations during the contingency period, including whether the employer may rescind the offer if conditions are unmet and how start dates are affected.

Why include a contingency clause in hiring documents

Contingencies protect employers and candidates by making the offer conditional on verifiable facts, reducing hiring risk and setting clear expectations on timing, background screening, and regulatory compliance under federal law such as ESIGN and state electronic transaction laws.

Why include a contingency clause in hiring documents

Who prepares and who signs an Employment Contingent Agreement

Typical parties involved include hiring managers, HR professionals, and the prospective employee; legal or compliance teams often review templates for regulated roles.

  • HR managers and recruiters who manage offers and coordinate background checks.
  • Hiring managers or department heads approving role-specific contingencies and start timelines.
  • Job candidates who must accept the conditional offer and provide authorizations or documentation.

Clear role assignment and a signed agreement reduce misunderstandings about pre-employment requirements and preserve evidence of consent.

Core elements to include in a professional Employment Contingent Agreement

A complete agreement balances clarity for the candidate with protections for the employer; include precise conditions, timing, consent language, data handling, and remedies if contingencies fail.

Contingency List

Explicitly list each condition (background check, drug test, credential verification) and the standards used to evaluate results.

Timing and Deadlines

Specify deadlines for completing each requirement and the effect on the candidate's start date if deadlines are missed.

Authorization and Consent

Include candidate authorizations for background checks and data sharing consistent with FCRA and privacy requirements.

Cost Allocation

State who pays for screens, tests, or verifications and whether reimbursement is required if the candidate declines employment.

Remedies and Rescission

Describe the employer's right to rescind the offer, delay start date, or impose conditions if contingencies are unsatisfied.

Data Handling

Outline how results are stored, who has access, retention periods, and any HIPAA or state privacy considerations.

Step-by-step: completing and executing the contingency agreement

Follow a defined sequence to reduce errors and keep the hiring timeline predictable.

  • 01
    Prepare Offer: Draft the agreement with listed contingencies and review with HR or legal.
  • 02
    Obtain Candidate Consent: Have the candidate sign authorization forms for checks and data sharing.
  • 03
    Run Verifications: Order background checks, drug tests, or credential confirmations per vendor timelines.
  • 04
    Resolve Outcomes: Document results, communicate decisions, and finalize the employment start date.

How to configure an online workflow for conditional offers

Set up template fields, signer order, and authentication to mirror your manual process and maintain a clear audit trail.

Field Configuration
Template Create a reusable template with conditional fields for different roles.
Conditional Fields Show or hide fields based on role or contingency type.
Signer Order Set signing order: candidate first, then HR, then hiring manager.
Authentication Require email and SMS code or stronger verification for sensitive roles.

Digital delivery and e-signature considerations

Ensure your eSignature platform supports required authentication, audit trails, and export formats before sending conditional offers.

  • Integrations: Salesforce, NetSuite, Microsoft 365
  • Document Formats: PDF, DOCX, HTML
  • Authentication: Email link, SMS code, KBA

Use platforms that capture timestamps, IP addresses, and completion certificates to satisfy ESIGN (15 U.S.C. ch. 96) and state UETA requirements.

Where to send completed conditional agreements

Route executed agreements to HR, payroll, and the candidate; keep a secure copy in the personnel file and, where required, provide a copy to compliance or legal teams.

  • HRIS: Upload final signed agreement to HRIS as the official record.
  • Payroll: Send relevant forms to payroll once contingencies clear.
  • Candidate: Provide the candidate with a fully executed copy for their records.
  • Legal/Compliance: Retain a copy for audit and regulatory review.

Typical timelines and deadlines to include

Specify realistic deadlines for each contingency and how extensions or missed deadlines affect the offer and start date.

Background Check Turnaround:

3–7 business days typical depending on scope

Drug Test Results:

24–72 hours depending on laboratory processing

I-9 Completion:

Complete within three business days of start (8 CFR §274a.2)

Candidate Response Window:

Specify the offer acceptance window (e.g., 7 calendar days)

Extension Policies:

State whether employer may extend or revoke offer after deadline

Common mistakes that delay or invalidate contingent offers

  • Leaving contingency language vague or open-ended, which creates disputes over whether conditions were met.
  • Failing to obtain explicit candidate authorization for background checks, risking FCRA noncompliance and legal challenge.
  • Using inconsistent names or dates across documents, causing identity verification failures and onboarding delays.
  • Not defining who pays for tests or verifications, which can lead to late reimbursements or candidate withdrawal.

Key legal and administrative risks if the agreement is incorrect

FCRA Violation: Civil liability and damages
I-9 Penalties: $281–$2,789 per violation
Contract Unenforceable: Ambiguous terms can void the contingency
Discrimination Claims: Inconsistent screening may trigger claims
Data Breach Liability: Regulatory fines and remediation costs
Delayed Start: Operational and recruiting costs increase

Security and compliance controls to protect candidate data

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: ISO 27001 and SOC 2 Type II
HIPAA: HIPAA-compliant with BAA available
Audit Trail: Detailed timestamps, IP addresses
ESIGN / UETA: Meets ESIGN and UETA requirements
Accessibility: WCAG 2.0 Level AA compliant

Real-world examples of contingent offers in practice

These short case arcs show how organizations use contingency language to protect hiring decisions and speed onboarding.

Optica Ventures

Optica Ventures used a clear contingency clause for background checks to standardize hires across locations

  • Candidate authorization and vendor selection were centralized
  • The result preserved offer validity and reduced onboarding disputes while keeping compliance documentation centralized for audits.

Fertility Centers of Illinois

Fertility Centers of Illinois required credential verification for clinical roles to meet regulatory expectations

  • The process included HIPAA-conscious handling of certificates
  • Having a signed contingent offer and documented consent enabled faster finalization of appointments and clear recordkeeping for inspections.

eSignature vendor comparison for executing Employment Contingent Agreements

Compare basic plan price, trial availability, bulk send, audit trail, HIPAA support, and envelope caps across common vendors; signNow is listed first per table convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No No No
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Employment Contingent Agreements

Answers to common questions about enforceability, electronic signatures, and handling failed contingencies.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users