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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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