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Is hiring order determined by the date the employee signed an employment agreement or the actual start date?

Chris Barsness, startup, finance, law, and tech nerd

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The terms of the contract and state law would generally rule the answer and many employment agreements set out a start or effective date.  If the person signed the agreement with a delayed start date, I would say the actual start date since they are not starting to perform on the employment contract; however, you have made a hiring decision and entered into a contractual obligation on the date of execution.

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