Backdating employment

Documents are powerful when they tell the employer’s story by showing the employee was given fair notice and an opportunity to improve and didn’t.Documents are often the key to showing a legitimate, non-discriminatory, non-retaliatory reason for the employment action that is later being questioned.

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To be clear, having a later effective date does not mean that the contract will not be binding until that later date.Like any good David Letterman top ten list, this one starts with number 10 and is designed to help you think through what, when, and how to document employee performance. Not Knowing the Audience – Workplace feedback usually has two primary purposes: 1) to inform the employee of the concern and exactly what is needed to address it and 2) to create a record that explains the history.As such, the audience is the offending employee and potentially a jury or factfinder.As expected, the charges focused on backdating stock options by doctoring employment documents, neglecting to record the stock-option expense on the company’s books, and misleading investors.The cascading litany of alleged charges is not likely to stop with the Brocade case.At least that seems to be the conclusion reached by the Department of Justice and the Securities and Exchange Commission regarding their first case against executives charged with fraud related to backdating.

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