On Workplace.SE, "My employer wants me to a sign an NDA that is backdated more than 2 years" describes the following scenario:
- OP is an employee working on a project
- OP has been working (for 7 years as an employee and for 2 on this project) without an NDA
- Their employer now wants them to sign an NDA for the project, backdated two years (i.e. dated two years ago to the start of the project).
The OP's jurisdiction is presumably Texas.
My question, is it legal to backdate an NDA like that? Is it a civil contract whose parties are allowed to agree (even retroactively) than an NDA is in place? Or could doing so (backdating such a document) be considered fraud, forgery, or anything illegal, or even for some reason ethically or morally wrong?
It seems to me that it might be legal (assuming that I as the employee were willing to sign it) because as an employee I'd assume that some NDA was in place even if haven't signed one (so it's as if the agreement or meeting of minds was in place even before it was documented).
On the other hand it also appears to be creating a false document, so, I don't know.