Q: Is it legal for an SF employer to ask a former employee to sign retrospectively legally binding supplemental terms?
"I was recently asked by a Bay Area former employer to sign a document with a set of supplemental terms many months after my service with them has completed. Had I been asked at the very beginning of my service, I would have signed it without a problem. However, signing retrospectively a legally binding document does not feel right. I'd appreciate any information if such a practice is considered legal, and what are my options.
A: Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called "consideration" to be enforceable. If the former employer isn't giving you something in exchange for the promises you are making in the contract, then it might not be enforceable, even if you do sign. Alternatively, if you forego a right you have (voluntarily limit yourself) that may also be sufficient consideration. Whether your former wages/earnings could be viewed as consideration is something that would have to be evaluated under California law. If you're uncomfortable with signing, what's the worst that can happen if you politely decline? Maybe you could negotiate for a post-employment bonus?
Neil Pedersen agrees with this answer
A:
First, you have no legal obligation to sign this late document. Unless you have some practical or political reason to do so, it would be unwise to sign it.
Next, there is some significant question as to whether it would be an enforceable agreement if the employer is giving nothing to you in the form of consideration for your new promises. I suspect the document recites some kind of retroactive language that suggest prior considerations support it. I think that might be problematic for the employer to enforce.
If you have any inclination of signing such a document it would be highly prudent for you to take it first to an experienced employment law attorney who can give you specific confidential advice about your options and risks.
Good luck to you.
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