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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How enforceable (or legal) is the compensation agreement

Customer Question

How enforceable (or legal) is the compensation agreement from my employer?
It was presented and signed in June of 2016, but has been backdated to December of 2015?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

it is enforceable. It is not uncommon for parties to backdate their contracts. Although it is not a great practice, it is enforceable because when there is a written version (Date A) and a verbal version (Date B) that states the same thing, then the written version (Date A) applies. This is called the parol evidence rule. Amos v. Coffey, 320 SE 2d 335 - Va: Supreme Court 1984: "The parol evidence rule is a time-honored fixture in the law of this Commonwealth. "n controversies between two parties to a contract, parol evidence of prior or contemporaneous oral negotiations or stipulations is inadmissible to vary, contradict, add to, or explain the terms of a complete, unambiguous, unconditional, written instrument."

The only exception to this is if you claim fraud, in which case you'd have to prove that you were somehow defrauded in this matter. And since the contract is presumed to be valid/enforceable, the onus would be on you to prove that fraud occurred.

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