Проверка рекомендаций, скрининг и предложения
The Final Steps Before Employment
After identifying the right candidate through sourcing, screening, and interviewing, most employers conduct pre-employment screening (проверка перед трудоустройством) before extending a formal job offer. This critical phase protects the organization from negligent hiring claims, verifies candidate information, and ensures compliance with industry regulations.
According to the Society for Human Resource Management (SHRM), 96% of U.S. employers conduct some form of background screening, and 80% conduct reference checks. However, this process must be carefully managed to comply with federal and state laws, particularly the Fair Credit Reporting Act (FCRA).
Reference checks provide valuable insights into a candidate's past performance, work habits, and interpersonal skills that may not be apparent during interviews. They serve several important purposes:
Best Practice: Conduct reference checks after the final interview but before extending a formal offer.
| Timing Option | Advantages | Disadvantages |
|---|---|---|
| Before First Interview | Saves time if concerns arise | Time-consuming; may annoy references; candidate may not be serious contender |
| After Final Interview, Before Offer ✅ | Confirms top choice; due diligence complete before offer; standard practice | May delay hiring process slightly |
| After Conditional Offer | Faster time-to-offer; candidate excited about role | Risk of rescinding offer; awkward if issues found; possible legal challenges |
Always ask candidates for permission before contacting references, and confirm they've notified their references. Many candidates request you don't contact their current employer until an offer is imminent.
| Reference Type | Value | What to Ask |
|---|---|---|
| Direct Supervisor (непосредственный руководитель) | ⭐⭐⭐⭐⭐ Most valuable | Performance, strengths/weaknesses, work quality, reliability, rehire eligibility |
| Senior Leader/Manager | ⭐⭐⭐⭐ Very valuable | Leadership potential, strategic thinking, professional reputation |
| Peer/Colleague (коллега) | ⭐⭐⭐ Valuable | Teamwork, collaboration, communication, work style |
| Direct Report | ⭐⭐⭐ Valuable for management roles | Leadership style, mentoring ability, management effectiveness |
| HR Department | ⭐⭐ Limited value | Dates of employment, title, eligibility for rehire (often only factual info) |
| Personal References | ⭐ Minimal value | Character insights (but typically biased and uninformative) |
Standard practice: Request 3-5 professional references
| Red Flag | What It May Indicate |
|---|---|
| Hesitation on "Would you rehire?" | Serious concerns about performance or fit |
| Can't remember specific accomplishments | Candidate didn't make an impact or reference isn't genuine |
| Damning with faint praise | "They were... fine" or "They showed up on time" (minimal positive) |
| Discrepancies in dates or titles | Candidate misrepresented their experience |
| Reference unreachable or non-existent | Fraudulent reference |
| Different story about departure | Candidate lied about reason for leaving |
| "No comment" on certain questions | Legal concerns or serious issues they can't discuss |
| Contradicts candidate's stated strengths | Self-awareness issues or dishonesty |
| Lack of enthusiasm or warmth | Relationship wasn't positive |
Strong positive reference:
Neutral/lukewarm reference (be cautious):
Negative reference (significant concern):
Reference checks are generally legal in the United States, but both the person conducting the check and the person providing the reference must be aware of legal boundaries.
Why many employers only confirm dates and title: Fear of defamation lawsuits causes many companies to adopt "name, rank, and serial number" policies—providing only basic factual information.
Defamation (клевета) occurs when:
Defense against defamation: Truth is an absolute defense. If the statement is true and can be documented, it's not defamation.
Qualified privilege: References given in good faith to prospective employers are generally protected by "qualified privilege" in most states, meaning the reference provider is protected from liability unless they act with malice.
Several states have enacted "reference immunity" laws that provide legal protection to employers who provide truthful reference information:
| State Category | States | Key Provisions |
|---|---|---|
| Strong immunity | Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Michigan, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Utah | Employers immune from liability for providing truthful job performance information unless malicious intent |
| Qualified immunity | California, New Mexico, North Carolina, Rhode Island, Texas | Protection if information provided in good faith and without malice |
| Limited/No specific statute | Other states | Common law defamation rules apply |
Background checks (проверка биографии) are investigations into a candidate's history, typically including criminal records, employment history, education credentials, and credit history. They help employers:
In the United States, background checks conducted by third-party companies are regulated by the Fair Credit Reporting Act (FCRA) (Закон о справедливой кредитной отчетности). We'll cover FCRA compliance in detail in a later section.
| Check Type | What It Reveals | Typical Cost | Turnaround Time |
|---|---|---|---|
| Criminal Background Check | Criminal convictions, arrests, sex offender registry | $20-$100 | 2-5 days |
| Employment Verification | Past job titles, dates, salary, reason for leaving | $15-$50 per employer | 3-5 days |
| Education Verification | Degrees, diplomas, certifications, attendance dates | $25-$75 per school | 3-7 days |
| Credit Check | Credit score, payment history, bankruptcies, liens | $15-$30 | 1-2 days |
| Driving Record (MVR) | Violations, accidents, license status, DUI | $10-$30 | 1-3 days |
| Professional License | License status, expiration, disciplinary actions | $10-$50 | 1-5 days |
| Drug Screening | Presence of illegal drugs or substances | $30-$100 | 1-3 days |
| Social Media Screening | Public posts, discriminatory content, threats | $25-$75 | 1-3 days |
Comprehensive background check packages typically cost $50-$200 per candidate depending on:
Criminal background checks are the most common type of background screening, conducted by 95% of employers. However, the U.S. criminal justice system is highly decentralized, making these checks complex.
What it is: Search of county courthouse records where candidate lived/worked
Coverage: Most comprehensive for that specific county
Pros: Most accurate, up-to-date, includes pending cases
Cons: Must search each county individually; time-consuming
Cost: $15-$30 per county
Typical practice: Search 7 years of history in counties where candidate lived/worked
What it is: Repository of criminal records maintained by state
Coverage: Varies by state (some comprehensive, some incomplete)
Pros: Broader coverage than county, faster
Cons: Not all counties report to state database; may be outdated
Cost: $20-$40 per state
Best use: Supplement to county searches
What it is: Search of federal court records
Coverage: Federal crimes (kidnapping, tax evasion, terrorism, drug trafficking, etc.)
Pros: Catches serious federal crimes
Cons: Only ~3% of crimes are federal; won't catch most offenses
Cost: $25-$50
Best use: Senior positions, financial roles, government contractors
What it is: Aggregated database from multiple sources (not official government database)
Coverage: Millions of records, but incomplete and potentially outdated
Pros: Fast, inexpensive, broad coverage
Cons: Not FCRA-compliant alone; requires county verification
Cost: $10-$20
Best use: Initial screening to identify counties for further research
What it is: Public database of registered sex offenders maintained by states
Coverage: National Sex Offender Public Website (NSOPW) aggregates state registries
Access: Free, publicly available
Pros: Comprehensive for sex crimes; regularly updated
Best use: Essential for positions involving children, vulnerable populations, or in-home services
Standard comprehensive approach:
"Ban the Box" refers to legislation that removes the checkbox asking about criminal history from job applications, delaying criminal background inquiries until later in the hiring process.
States/cities with Ban the Box laws: 37 states and 150+ cities/counties have some form of ban the box legislation affecting private employers
Key requirements:
The EEOC considers blanket policies excluding all candidates with criminal records to be potentially discriminatory under Title VII because they have disparate impact on certain protected groups (particularly African American and Hispanic individuals who have statistically higher arrest rates).
Required: Individualized Assessment
Before rejecting a candidate based on criminal history, employers must consider:
Example: A 10-year-old theft conviction might not be relevant for a software developer role, but would be for a retail cashier position. A recent DUI might not disqualify an office worker but would disqualify a commercial driver.
| State | Key Restrictions |
|---|---|
| California | 7-year lookback limit; cannot consider arrests not resulting in conviction; marijuana convictions over 2 years old cannot be considered |
| New York | Cannot deny employment based on arrests without conviction; must conduct Article 23-A analysis |
| Massachusetts | Cannot ask about arrests, sealed records, or first-time misdemeanor convictions; must wait until first interview |
| Hawaii | Generally cannot consider convictions over 10 years old; limited exceptions |
| Pennsylvania (Philadelphia) | Cannot ask about criminal history until after first interview |
Credit checks review a candidate's financial history and are regulated by the FCRA. However, their use in employment is controversial and increasingly restricted.
States that ban or restrict employment credit checks:
Cities with restrictions: New York City, Chicago, Philadelphia, and others
Education verification confirms that candidates actually earned the degrees, diplomas, and certifications they claim. This is important because education fraud is surprisingly common.
| Element | What to Check | Why It Matters |
|---|---|---|
| Degree earned | BA, BS, MBA, PhD, etc. | Verify degree type matches claimed |
| Major/Field of study | Computer Science, Business, etc. | Ensure relevant field for position |
| Graduation date | Month and year degree conferred | Catch "some college" presented as degree |
| Institution accreditation | School is legitimately accredited | Identify diploma mills |
| GPA (if claimed) | Verify if stated on resume | Catch inflated academic performance |
| Honors (if claimed) | Magna cum laude, Dean's List, etc. | Verify academic distinctions |
Method 1: Direct Contact with Institution
Method 2: National Student Clearinghouse
Method 3: Third-Party Verification Services
Challenges with international degrees:
Solutions:
Employment verification confirms a candidate's work history, including dates of employment, job titles, responsibilities, and reasons for leaving.
| Element | What to Confirm | Common Discrepancies |
|---|---|---|
| Dates of employment | Start and end dates (month/year) | Extended dates to hide gaps; overlapping jobs |
| Job titles | Official title held | Inflated titles (Specialist → Manager) |
| Job responsibilities | Actual duties performed | Exaggerated scope or seniority |
| Salary/compensation | Final salary amount (where legal) | Inflated salary (note: illegal to ask in some states) |
| Reason for leaving | Voluntary resignation vs termination | "Left for new opportunity" when actually fired |
| Eligibility for rehire | Yes/No/With conditions | Performance or conduct issues |
Many states and cities now prohibit employers from asking about salary history to address pay equity issues:
Contact HR Department:
Third-Party Verification Services:
Pay Stub or W-2 Verification:
Common obstacles:
Solutions: Use third-party verification services, accept alternative documentation (contracts, performance reviews, business licenses for self-employment), conduct thorough reference checks to supplement
For licensed professionals, verifying active licensure is critical and often legally required.
Method 1: State Licensing Board Websites
Method 2: Direct Contact with Board
Method 3: Third-Party Verification
Hiring someone without proper licensure to perform licensed work can expose your company to significant liability, including malpractice claims, regulatory fines, and criminal charges. Always verify licensure before employment for licensed positions.
Motor Vehicle Records (MVR) checks are essential for positions requiring driving as part of job duties.
| Violation | Risk Level | Typical Action |
|---|---|---|
| DUI/DWI | Very High | Usually disqualifying for driving positions |
| Reckless driving | High | Disqualifying or requires review |
| Multiple speeding tickets (3+ in 3 years) | Medium | Review required; may disqualify |
| At-fault accidents (multiple) | Medium | Review insurance implications |
| Single minor violation (speeding) | Low | Usually acceptable |
| Suspended license (currently) | Very High | Disqualifying (cannot legally drive) |
Many companies set MVR requirements based on their commercial auto insurance policies. Insurance companies often have strict underwriting guidelines that may automatically exclude drivers with:
Best practice: Check with your insurance carrier about their MVR requirements before setting your own policy.
Social media screening involves reviewing candidates' public social media profiles. This is an increasingly common but legally complex area of background screening.
1. Protected Class Information
Social media profiles often reveal protected characteristics that should not influence hiring decisions:
Risk: If you don't hire after viewing this information, candidate could claim discrimination
2. Inconsistent Practices
If you check some candidates' social media but not others, this could be seen as discriminatory
3. FCRA Compliance
If using a third-party service for social media screening, FCRA requirements apply (disclosure, authorization, adverse action process)
4. State-Specific Laws
Many companies use third-party social media screening services that:
Providers: Fama, Social Intelligence, InfoMart, Good Egg
Drug testing screens for illegal drugs and sometimes alcohol. It's common in American workplaces, particularly for safety-sensitive positions.
| Test Type | Detection Window | Cost | Pros | Cons |
|---|---|---|---|---|
| Urine Test (анализ мочи) | 1-30 days (varies by drug) | $30-$60 | Most common; established standards; cost-effective | Can be adulterated; invasive |
| Hair Follicle (анализ волос) | Up to 90 days | $100-$150 | Longest detection window; hard to cheat | Expensive; doesn't detect recent use; potential bias issues |
| Saliva/Oral Fluid | 12-24 hours | $60-$75 | Non-invasive; detects very recent use | Short detection window |
| Blood Test (анализ крови) | Hours to 1-2 days | $100-$200 | Most accurate for current impairment | Expensive; invasive; very short window |
Standard drug test screens for:
Extended panels: 10-panel tests add benzodiazepines, barbiturates, methadone, propoxyphene, and Quaaludes
| Test Type | When Used | Purpose |
|---|---|---|
| Pre-Employment (перед трудоустройством) | After conditional job offer, before start date | Screen out drug users before hiring |
| Random (случайное) | Unannounced, for current employees | Deter drug use; safety in high-risk industries |
| Reasonable Suspicion | When supervisor observes behavior suggesting drug use | Address specific concerns about impairment |
| Post-Accident | After workplace accident or incident | Determine if drugs contributed to accident |
| Return-to-Duty | After employee completes treatment program | Verify sobriety before returning to work |
| Follow-Up | Regular scheduled tests for those with previous positive | Ensure ongoing compliance with treatment |
Always make a conditional job offer before drug testing. This ensures the test is the last step before employment, reducing liability if the candidate has a positive result for a legally prescribed medication (ADA consideration).
The legalization of marijuana in many states has created complex challenges for employers regarding drug testing.
| State Approach | States | Impact on Employers |
|---|---|---|
| No employment protection | Most states with legal marijuana | Employers can still test and refuse to hire/terminate for marijuana use |
| Limited employment protection | Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New York, Oklahoma, Pennsylvania, Rhode Island | Cannot discriminate against medical marijuana users (with exceptions for safety-sensitive positions) |
| Broader protection | California, New York (expanded), Nevada | Restrictions on testing for off-duty marijuana use for both medical and recreational users |
| Pre-employment testing bans | New York City, Nevada, Philadelphia, Washington D.C. | Cannot test for marijuana in pre-employment screening (exceptions for safety-sensitive roles) |
The challenge: Marijuana is still illegal under federal law (Controlled Substances Act), creating conflict with state laws.
Important distinctions:
Key principles:
Medical Review Officer (MRO) (врач-рецензент)
An MRO is a licensed physician who reviews and interprets drug test results. When a test is positive, the MRO:
Reasonable accommodation: If employee has legitimate prescription, employer may need to provide reasonable accommodation unless it creates undue hardship or the employee cannot perform essential functions safely.
The Department of Transportation (DOT) mandates drug and alcohol testing for safety-sensitive transportation employees.
Testing specifications:
DOT-regulated employees cannot use marijuana, even if legal in their state and even with medical marijuana cards. Marijuana remains prohibited under federal DOT regulations. Employers must follow federal DOT requirements regardless of state law.
The Fair Credit Reporting Act (FCRA) (Закон о справедливой кредитной отчетности) is a federal law that regulates how consumer reporting agencies (background check companies) collect, use, and share consumer information, including employment background checks.
FCRA applies when:
FCRA does NOT apply when:
Note: Most employers use third-party screening companies, so FCRA typically applies.
Requirement: Provide written notice to candidate that you may obtain a background check (consumer report) for employment purposes.
Critical requirements:
DISCLOSURE REGARDING BACKGROUND INVESTIGATION
[Company Name] may obtain information about you from a consumer reporting agency for employment purposes. Thus, you may be the subject of a "consumer report" and/or an "investigative consumer report" which may include information about your character, general reputation, personal characteristics, and/or mode of living. These reports may be obtained at any time after receipt of your authorization and, if you are hired, throughout your employment.
The consumer reporting agency that will be used is:
[Background Check Company Name]
[Address]
[Phone Number]
[Website]
Upon written request, we will disclose whether a consumer report was obtained. If a report was obtained, we will provide you with the name, address, and telephone number of the consumer reporting agency.
Requirement: Obtain written authorization from the candidate before ordering the background check.
Critical requirements:
AUTHORIZATION FOR BACKGROUND CHECK
I acknowledge receipt of the separate document titled "DISCLOSURE REGARDING BACKGROUND INVESTIGATION" and "A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT."
I hereby authorize [Company Name] to obtain consumer report(s) and/or investigative consumer report(s) about me from [Background Check Company Name] or another consumer reporting agency.
_________________________________
Signature
_________________________________
Printed Name
_________________________________
Date
Requirement: Provide candidate with "Summary of Your Rights Under the Fair Credit Reporting Act."
This is a standardized document prescribed by the FTC that explains the candidate's rights under FCRA. The current version must be obtained from the FTC website and provided to candidates.
Can be provided: Along with the disclosure and authorization
Requirement: If you are considering taking adverse action (not hiring, terminating, etc.) based wholly or partly on the background check, you must:
While not required by FCRA, many employers send a pre-adverse action letter explaining that they are considering not hiring the candidate based on the background check results. This letter informs the candidate of their right to review the report and dispute inaccurate information.
Requirement: If, after the waiting period, you decide to take adverse action, you must provide the candidate with:
NOTICE OF ADVERSE ACTION
Dear [Candidate Name],
We regret to inform you that [Company Name] has decided not to proceed with your application for employment. This decision was based in whole or in part on information contained in a consumer report obtained from:
[Background Check Company Name]
[Address]
[Phone Number]
[Website]
Please be advised that the consumer reporting agency listed above only provided us with the consumer report and did not make the decision to take adverse action and cannot give you specific reasons why the adverse action was taken. If you wish to dispute the accuracy or completeness of any information in your consumer report, you should contact the consumer reporting agency directly.
You have the right under the Fair Credit Reporting Act to obtain a free copy of your consumer report from the consumer reporting agency listed above within 60 days of the date of this notice.
Sincerely,
[Company Name]
In conjunction with FCRA, the EEOC requires employers to conduct an individualized assessment (индивидуальная оценка) before rejecting a candidate based on criminal history.
Required considerations:
Process:
When criminal record is the issue, give candidate opportunity to provide:
| Document Type | Retention Period | Law/Reason |
|---|---|---|
| FCRA disclosures and authorizations | 3 years from date of making record | FTC guidance |
| Background check reports | 1 year from date of employment action (longer if litigation) | Title VII |
| Pre-adverse action notices | 1 year minimum | EEOC requirements |
| Adverse action notices | 1 year minimum | FCRA/EEOC |
| Individualized assessments | 1 year minimum (longer recommended) | EEOC defense |
Storage requirements: Keep background check information separate from personnel files, in secure/confidential location. Access should be limited to those with legitimate need to know.
| Violation | How to Avoid |
|---|---|
| Disclosure not standalone | Use separate document only for disclosure; don't embed in application |
| Disclosure includes liability waiver | Remove any waiver language from disclosure/authorization |
| No pre-adverse action notice | Always provide copy of report and wait 5 days before final decision |
| Improper adverse action notice | Include all required elements; use template approved by counsel |
| No individualized assessment | Document consideration of nature, time, and job relationship for criminal records |
| Obtaining report without authorization | Always get signed authorization before ordering background check |
| Using outdated FCRA summary | Use current version from FTC website |
| Inconsistent application | Apply same standards to all candidates in similar positions |
After successfully completing the interview process, reference checks, and background screening, it's time to extend the job offer. This is an exciting moment, but it must be handled carefully to protect both the company and the candidate.
| Element | Details | Why It Matters |
|---|---|---|
| Position Title (должность) | Official job title | Defines role and level; important for future employment verification |
| Compensation (компенсация) | Base salary (annual or hourly); pay frequency | Core of the offer; must be clear and unambiguous |
| Bonus/Commission | Annual bonus target, commission structure, signing bonus | Important for total compensation; include criteria and timing |
| Start Date (дата начала) | Expected first day of work | Sets timeline; may be flexible pending notice period |
| Work Location | Office address, remote, hybrid | Critical for candidates; impacts relocation decisions |
| Reporting Relationship | Who the person reports to | Clarifies organizational structure |
| Employment Classification | Exempt vs non-exempt (FLSA); full-time vs part-time | Legal requirement; affects overtime eligibility |
| Benefits Overview (льготы) | Health insurance, 401(k), PTO, etc. | Major component of total compensation |
| Contingencies | Background check, drug test, I-9 verification | Protects employer; makes offer conditional |
| At-Will Statement | Employment is at-will (can be terminated any time) | Legal protection for employer |
| Expiration Date | Deadline to accept offer | Creates urgency; allows you to move to other candidates |
U.S. job offers typically include summary of benefits, though detailed information is provided later during onboarding.
Consider providing a "total compensation" breakdown that shows base salary + employer benefit costs + bonus potential. This helps candidates understand the full value of the offer, as U.S. benefits (especially health insurance) can represent 20-30% additional value beyond base salary.
What is at-will employment?
In the United States, most employment is "at-will," meaning either the employer or employee can terminate the employment relationship at any time, for any lawful reason or no reason at all, with or without notice.
Exception: Montana is the only state that is not at-will after a probationary period
Why include in offer letter:
"Your employment with [Company Name] is at-will, which means that either you or the Company may terminate your employment at any time, with or without cause or notice. No representative of the Company has the authority to enter into any agreement for employment for any specified period of time or to make any promises or commitments contrary to the foregoing, unless it is in writing and signed by the CEO.
This offer letter, along with any employee handbook or other policies, does not constitute a contract of employment for any specific period of time. The at-will employment relationship cannot be amended, modified, or altered in any way except by a written instrument signed by you and the CEO of the Company."
[Company Letterhead]
[Date]
[Candidate Name]
[Address]
[City, State ZIP]
Dear [Candidate Name],
We are pleased to offer you the position of [Job Title] at [Company Name]. We believe your skills and experience will be a valuable addition to our team.
Position Details:
Compensation:
Benefits:
You will be eligible to participate in the Company's benefit programs, subject to plan terms and eligibility requirements, including:
Detailed information about our benefits will be provided during your onboarding.
Employment Classification:
This is a full-time, [exempt/non-exempt] position under the Fair Labor Standards Act (FLSA).
Contingencies:
This offer is contingent upon:
At-Will Employment:
Your employment with [Company Name] is at-will, which means that either you or the Company may terminate your employment at any time, with or without cause or notice. This letter does not constitute a contract of employment for any specific period of time.
Acceptance:
This offer will remain open until [Date]. To accept this offer, please sign and return this letter by [Date].
We are excited about the possibility of you joining our team. Please feel free to contact me at [Phone] or [Email] if you have any questions.
Sincerely,
[Signature]
[Name]
[Title]
[Company Name]
ACCEPTANCE
I, [Candidate Name], accept the offer of employment with [Company Name] under the terms outlined in this letter. I understand and agree that my employment is at-will.
_________________________________
Signature
_________________________________
Date
Negotiation is a normal and expected part of the U.S. hiring process. Most candidates negotiate, and employers typically expect it. Proper preparation is key to successful negotiation on both sides.
1. Express enthusiasm first
Start by expressing genuine excitement about the role and company before discussing compensation
"I'm very excited about this opportunity and I'm confident I can make a significant impact. I'd like to discuss the compensation package..."
2. Let them make the first offer
If asked about salary expectations early, deflect:
"I'd prefer to learn more about the role and responsibilities before discussing compensation. I'm sure we can reach an agreement that works for both of us."
3. Never say yes immediately
Even if the offer is great, take time to review:
"Thank you so much for the offer. I'm very excited! I'd like to take some time to review the details carefully. Can I get back to you by [date]?"
4. Negotiate with data, not emotions
Base your request on market research:
"Based on my research using [sources] and considering my [X years experience] and [specific skills], the market rate for this role in [city] is $[X-Y]. Would you be able to adjust the offer to $[specific number]?"
5. Give a specific number, not a range
6. If salary is firm, negotiate other things
"I understand the salary range is set. Would there be flexibility on [signing bonus / additional PTO / remote work days / earlier performance review]?"
7. Use silence effectively
After stating your ask, stop talking. Let them respond. Don't fill the silence.
8. Show you're serious and ready to accept
"If you're able to meet me at $[X], I'm ready to accept the offer today and give notice to my current employer."
9. Get everything in writing
Before accepting, ensure all negotiated terms are in the revised offer letter
1. Expect negotiation and don't take it personally
Most candidates negotiate. It's not a rejection of your offer.
2. Listen and ask questions
"Thank you for sharing that. Can you help me understand what's most important to you—is it base salary, total comp, equity, or something else?"
3. Explain your offer
Share how you arrived at the number (market data, internal equity, budget)
4. Don't say yes immediately
"Let me review your request and discuss with my team. I'll get back to you by [date]."
5. Find creative solutions
If you can't increase salary, consider:
6. If you increase the offer, explain why
"After reviewing your experience with [specific skill], we're able to increase the offer to $[X]."
7. If you can't move, be honest and respectful
"I appreciate you sharing your expectations. Unfortunately, we're not able to adjust the base salary, as it's at the top of our approved range for this level. However, I want to highlight [benefits, growth opportunities, company strengths]. Is there anything else we can discuss?"
| Element | Usually Negotiable? | Notes |
|---|---|---|
| Base Salary (базовая зарплата) | ✅ Yes | Most common negotiation point; usually some flexibility |
| Sign-On Bonus | ✅ Yes | Often easier than increasing base; one-time cost |
| Annual Bonus Target | ⚠️ Sometimes | Usually tied to level/role, but may have flexibility |
| Equity/Stock Options | ⚠️ Sometimes | More common in startups; often tied to level |
| PTO Days | ✅ Yes | Often negotiable, especially for senior roles |
| Remote Work Days | ✅ Yes | Increasingly negotiable post-COVID |
| Start Date | ✅ Yes | Usually flexible to accommodate notice period |
| Job Title | ⚠️ Sometimes | May have internal equity implications |
| Relocation Assistance | ✅ Yes | If relocating, often negotiable |
| Professional Development Budget | ✅ Yes | Conferences, training, certifications |
| Earlier Performance Review | ✅ Yes | 6 months instead of 12, with raise potential |
| Health Insurance | ❌ Rarely | Usually standardized for all employees |
| 401(k) Match | ❌ No | Standardized by law |
| Work Hours | ⚠️ Sometimes | Depends on role; may negotiate flex schedule |
Candidate: "Thank you for the offer. I'm very excited about the role. Based on my research and my experience with [specific skills], I was expecting compensation in the $95,000 range. Would you be able to adjust the offer?"
Employer Response Option A (Can increase): "Thank you for sharing that. Let me review with our team. Given your experience with [X], I believe we can increase the offer to $93,000. Would that work for you?"
Employer Response Option B (Cannot increase): "I appreciate you sharing your expectations. Unfortunately, we're at the top of our approved range for this level at $90,000. However, I'd like to offer an earlier performance review at 6 months with the potential for a raise, and we also have an excellent benefits package including [highlights]. How does that sound?"
Candidate: "I'm very interested in your company, but I've received another offer for $100,000. Your offer of $90,000 is lower. Can you match the other offer?"
Employer Response: "Thank you for being upfront with me. While we can't always match other offers dollar-for-dollar, I'd like to understand what's important to you beyond base salary. Can you tell me more about what would make this the right choice for you? Also, I'd like to highlight our [equity/career growth/company culture/work-life balance] which may differentiate us."
Follow-up (if appropriate): "After our conversation, I was able to increase our offer to $95,000 plus a $5,000 signing bonus. Combined with our benefits and growth opportunities, I believe this represents a strong total package."
Candidate: "The offer looks great, but I currently have 4 weeks of vacation and your offer includes 2 weeks. Is there flexibility on PTO?"
Employer Response: "I understand that's a significant difference. While our standard PTO for this level is 15 days, given your tenure in the workforce, I can increase your PTO to 20 days (4 weeks). Would that work for you?"
Candidate: "I'm excited about the role, but the offer indicates full-time in office. Would there be flexibility to work remotely 2-3 days per week?"
Employer Response Option A: "Yes, we're open to a hybrid arrangement. How about 3 days in office, 2 days remote? We'd want you in office for team meetings on Tuesdays and Thursdays."
Employer Response Option B: "For this particular role, we need someone in the office full-time during the first 6 months for training and team collaboration. After that, we could transition to a hybrid schedule. Would that work?"
Candidate: "The offer is at $85,000, but I was hoping for $95,000. Is there any flexibility?"
Employer Response: "I appreciate you sharing your expectations. After reviewing with leadership, we're not able to increase the base salary beyond $85,000 for this level. However, I'd like to explore other options that might help close the gap:
Subject: [Your Name] - Job Offer Decision
Dear [Hiring Manager],
Thank you so much for offering me the [Job Title] position at [Company Name]. I sincerely appreciate the time you and your team invested in the interview process and getting to know me.
After careful consideration, I have decided to decline the offer. This was not an easy decision, as I have great respect for [Company Name] and the team. However, [I have accepted another opportunity that better aligns with my career goals / the compensation package doesn't meet my financial requirements / etc.].
I wish you and the team all the best, and I hope our paths may cross again in the future.
Best regards,
[Your Name]
While most offers are "at-will" and can be rescinded, consider:
In the United States, most employees receive an offer letter, not an employment contract. This is a significant cultural difference from many other countries, including Russia.
| Aspect | Offer Letter | Employment Contract |
|---|---|---|
| Legal Status | Not a binding contract in most cases | Legally binding contract |
| At-Will Status | Maintains at-will employment | May override at-will (specifies terms) |
| Duration | No specified end date | Often specifies term (1 year, 3 years, etc.) |
| Termination | Either party can terminate anytime | Specifies termination conditions and severance |
| Detail Level | Brief (2-3 pages) | Comprehensive (10-30+ pages) |
| Who Receives | Most employees (standard practice) | Executives, senior leaders, specialized roles |
| Negotiability | Usually some flexibility | Highly negotiable; often involves attorneys |
| Modification | Employer can change terms with notice | Cannot change without mutual agreement |
Important for Russian HR professionals: The at-will employment concept in the US provides significantly less job security than Russian labor law. This is a major cultural adjustment for Russian candidates considering U.S. positions.
1. Executive/C-Suite Positions
2. Highly Specialized Roles with Significant Investment
3. Independent Contractors (Always)
4. Professional Athletes and Entertainers
5. Union Positions
Specifies duration of employment (e.g., 3 years) and renewal terms
Example: "Employment shall commence on [date] and continue for an initial term of three (3) years, unless earlier terminated as provided herein."
Detailed breakdown of salary, bonuses, equity, benefits, perks
Example: "Base salary of $300,000 per year, annual bonus target of 50% of base salary, and 100,000 stock options vesting over 4 years."
Detailed description of job duties, reporting structure, expectations
More specific than offer letter
Conditions under which employment can be terminated:
Payment and benefits if terminated without cause
Example: "If terminated without cause, Executive shall receive 12 months base salary plus continued health benefits."
Protection if company is sold or merges
Example: "If Executive is terminated within 12 months of change of control, entitled to 24 months severance."
Protects company's confidential and proprietary information
Scope:
Duration: Often survives termination of employment indefinitely for trade secrets
Restricts working for competitors after leaving
Typical restrictions:
Prohibits soliciting company's employees or customers after leaving
Two types:
Duration: Typically 12-24 months
All work created during employment belongs to company
Covers:
Non-compete agreements are increasingly restricted or banned at the state level. As of 2024:
| State Approach | States | Key Restrictions |
|---|---|---|
| Generally prohibited | California, North Dakota, Oklahoma | Non-competes generally unenforceable (limited exceptions) |
| Banned for low-wage workers | Colorado, Illinois, Maine, Maryland, Nevada, New Hampshire, Oregon, Rhode Island, Virginia, Washington, DC | Cannot use for workers below salary threshold (varies $75,000-$100,000) |
| Strict requirements | Massachusetts, Washington | Must pay during non-compete period; advance notice required; limits on duration and scope |
| Some restrictions | Florida, Georgia, Texas, New York | Must be reasonable; courts scrutinize closely; specific requirements vary |
| More permissive | Other states | Enforceable if reasonable in scope, geography, and duration |
The Federal Trade Commission proposed a rule in January 2023 that would ban non-compete clauses nationwide. If finalized, this would supersede state laws. Status is uncertain as of 2024.
Recommended: Consult with legal counsel before including non-compete clauses, as the legal landscape is rapidly evolving.
Executive employment contracts are highly negotiable. Unlike offer letters, candidates often involve attorneys.
| Term | What to Negotiate | Typical Range |
|---|---|---|
| Severance | Months of salary + benefits if terminated without cause | 6-24 months for executives |
| Change of Control | Protection if company is acquired | Single trigger (automatic payment) or double trigger (payment only if also terminated) |
| Equity Vesting | Acceleration of vesting upon certain events | Full acceleration on change of control; partial on termination without cause |
| Non-Compete Duration | Length of non-compete restriction | Negotiate down from 24 months to 6-12 months |
| Non-Compete Geography | Geographic scope of restriction | Narrow to specific regions or eliminate entirely |
| For Cause Definition | What constitutes "cause" for termination | Narrow definition to serious misconduct only; require notice and cure period |
| Expense Reimbursement | Car allowance, club memberships, etc. | Varies widely by level and industry |
| Dispute Resolution | Arbitration vs litigation | Negotiate for litigation rights or favorable arbitration terms |
The final stages of the hiring process—reference checks, background screening, and extending offers—are critical to making informed hiring decisions and protecting your organization. These steps verify candidate information, ensure legal compliance, and set the foundation for a successful employment relationship.
The American approach to pre-employment screening and job offers differs significantly from Russian practices:
Understanding these differences is essential for Russian HR professionals working with American companies or supporting Russian candidates seeking U.S. positions.
With careful attention to legal requirements, thorough verification processes, and professional communication, the final stages of hiring can be smooth and successful—resulting in new employees who are qualified, properly vetted, and excited to join your organization.
Part 5: Reference Checks, Background Screening & Offers
Comprehensive Talent Acquisition & Recruiting Guide
© 2025 | For Russian-Based HR Professionals