The Dangers Of Two Step Offers

In my practice I am often faced with employers who have implemented a practice of putting offers to prospective employees in a letter, and then presenting that employee with an employment agreement for their signature once they have accepted the offer. This is a practice that I always discourage as it has the potential to create problems in terms of enforceability. A recent British Columbia Supreme Court Case, Adams v. Thinkific Labs Inc demonstrates the pitfalls of such an approach.

The employer in Thinkific had sent Ms. Adams an email offer of employment. The offer included details regarding compensation, stock options, benefits, parental leave program, vacation entitlements and work schedule. The emailed offer also included extensive brochure materials regarding various benefit plans that she would be entitled to. What the email offer did not include was any terms regarding termination or non-competition. After Ms. Adams responded to the email offer with an