Can a CEO ask you to sign a non compete/non disclosure after employment starts and back date it 6 months?

UPDATED: Sep 30, 2022

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Can a CEO ask you to sign a non compete/non disclosure after employment starts and back date it 6 months?

My CEO asked me to back date a non compete/non disclosure because she
said she forgot to have me sign it six months ago when hired.

I have signed no paperwork whatsoever and only have an e-mail that speaks
to my comp.

Is this legal?

Asked on August 5, 2016 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they can:
1) You can be asked to sign a non-compete, non-disclosure, and/or non-solicitation agreement at *any* time: they do not have to be signed at hiring. If you don't, you may be terminated: signing the agreement can be a requirment for continued employment.
2) Any agreement can be backdated or have a retroactive effective date.
3) Backdating doesn't even change anything: once you sign the agreement, you are bound to it, so all backdating does is make the file look more regular (like everything was done at the ideal time, at intake); it does not give the company any more rights or make the agreement any more binding on you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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