Legal Question in Employment Law in Virginia
Signing Employment Agreement
Does an employer have the right to require an existing employee to sign an Employment and Confidential Information Agreement well after he/she has been hired (1 or more years)? I understand signing something like this when first employed, but not after being on the payroll for decent length of time. Also, is the employee required to sign this type of agreement given that the agreement was not presented at the time of employment? Any information would be greatly appreciated.
1 Answer from Attorneys
Re: Signing Employment Agreement
Of course, the employer can make the agreement you've described a condition of an employee's continued
employment no matter how many years the employee "has been aboard", so to speak. After all, why would one expect anything else in an employment at will jurisdiction such as the Commonwealth?
And in case the employee declines to sign the new agreement, s/he should bear in mind that the employee can be "sent packing" at any time by the employer and will be effectively without recourse.(The foregoing, of course, assumes no contract or collective bargaining type of agreement that could protect the employee in this situation.)
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