Backdating an employment contract start date
However, he only realizes this in January and so wishes to backdate the document to December.
The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did.
However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.
In theory, this would appear on the face of it to be a reasonable request, as it is just a private arrangement between two parties.
Because even putting “as of” a certain date will not protect the lawyer from implication in a criminal act if the purpose of the backdating is actually to defraud or mislead the taxman, any regulatory authority or even any other individual and the lawyer knew or should have known that this was the case.
For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.When we hired a new employee we forgot to make him sign an NDA.Now, a year into his employment, we want to make sure that he signs one.For example, will the document be provided in support of the party’s tax position giving the impression that a signed legal contact was in place before it was?The difficult question for a lawyer to answer is to what extent does he have to enquire into the veracity of his client’s statement that the document “is just recording an earlier agreement”?