Backdating employment contract
Ordinarily that wouldn't be an issue for me but the document is backdated to the start of the project so that it looks like I signed it in early 2014.
Is it a civil contract whose parties are allowed to agree (even retroactively) than an NDA is in place?When we say “backdating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.However, at common law this was a criminal offence (going by the contradictory sounding name of uttering a false document) and in most English law based legal systems it is still an offence today, although in many cases statutory provisions have superseded the common law (for example, in the British Virgin Islands see section 242 of the Criminal Code 1997).This avoids confusion and ambiguity that could call the enforceability of the contract into question. For example, every other project you worked on was confidential, for the office policy is to keep unreleased projects confidential. to the extent that it doesn't involve criminality but may render the agreement unenforceable.Some of the issues that arise when back-dating a NDA are: @Chris W, Yes, that would be an example, but the more detailed the better. It would clearly be fine if the document simply formalised a NDA that the parties agree had been in force as a verbal agreement all along.
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