Employment Confidentiality Agreements - Date Signed

[TedA]

What is the name of your state (only U.S. law)? Nebraska

What is the date that controls an updated and/or new employment confidentiality agreement if there is no wording as to effective data; just signature line and date filled in.

Can this be interpreted as amended and restated employment confidentiality agreement to one signed years ago with same employer? In other words, retroactive to one signed years ago?

What purposes are served by having new agreement signed?

 

[quincy]

What is the name of your state (only U.S. law)? Nebraska

What is the date that controls an updated and/or new employment confidentiality agreement if there is no wording as to effective data; just signature line and date filled in.

Can this be interpreted as amended and restated employment confidentiality agreement to one signed years ago with same employer? In other words, retroactive to one signed years ago?

What purposes are served by having new agreement signed?

If the confidentiality agreement has not changed from the one signed years ago (has not been amended), it can be interpreted as a reaffirmation of your original agreement. Either the earlier date or the new date can be used if necessary to indicate you were made aware of the confidential nature of your employment and that you agreed to abide by the terms of the agreement.

Do you have some concerns with signing this confidentiality agreement again?

 

[TedA]

Employment Confidentiality Agreement - How to Determine Amended or Unchanged Status

In consideration of the response seen above:

In comparing the original employment confidentiality agreement to the new confidentiality agreement:

Does the new and old have to have exact wording to be considered “unchanged” (i.e. a complete duplication of original), or

Can the newer one be more verbose in outlining the same criteria seen in the original?

What is the legal definition regarding a contract that qualifies it as amended? (i.e. does the word amended, or other specific words, have to appear in the new agreement?

If the new contract is a reaffirmation, why is an employer asking for one when they have the original to relay on?

 

[swalsh411]

Asking somebody for an opinion on a contract (in this case two) they have never read is not going to get you a very good answer.

My only advice would be not to sign it if you don't agree, or don't understand the terms. A local attorney who actually reads the contract could advise you further.

 

[quincy]

In consideration of the response seen above:

In comparing the original employment confidentiality agreement to the new confidentiality agreement:

Does the new and old have to have exact wording to be considered “unchanged” (i.e. a complete duplication of original), or

Can the newer one be more verbose in outlining the same criteria seen in the original?

What is the legal definition regarding a contract that qualifies it as amended? (i.e. does the word amended, or other specific words, have to appear in the new agreement?

If the new contract is a reaffirmation, why is an employer asking for one when they have the original to relay on?

I agree with swalsh. Contracts need to be read to be understood. If you have any doubts about signing an agreement, a review by an attorney in your area is wise and advised.

An "unchanged" agreement would have no changes.

An agreement is "amended" if there has been changes.

An amended agreement may have additional wording to clarify or correct what was written before or there may be some words substituted for others, or words can be removed from the agreement entirely.

As to your last question as to why an employer is asking for a new one, I can only guess. Have you asked this question of your employer? That can be a good way to find out the answer.