Delaware software developer employment contract template

Delaware Software Developer Employment Contract

This Delaware Software Developer Employment Contract (the “Agreement”) is made and entered into as of [Effective Date], by and between [Employer Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).

1. Position and Duties:

Option A: Position: Software Developer. Duties include, but are not limited to:

• Software system architecture and design.
• Application design, coding, testing, and debugging.
• Participation in code reviews.
• Implementation of security best practices (aligned with Delaware’s data protection regulations).
• Continuous integration and deployment.
• Version control management.
• Documentation.
• Agile methods and collaboration with cross-functional teams.
• Adherence to company-specific secure software development protocols and industry security standards.

Option B: Position: Senior Software Developer. Duties include, but are not limited to, those listed above, plus:

• Mentoring junior developers.
• Leading technical projects.
• Contributing to architectural decisions.
• Evaluating new technologies.

2. Skills and Technologies:

Option A: Required skills: [List Required Programming Languages, Technology Stacks, Software Tools, Version Control Systems, and Frameworks].

Option B: Preferred skills: [List Preferred Programming Languages, Technology Stacks, Software Tools, Version Control Systems, and Frameworks].

Employee acknowledges familiarity and competency in the listed required skills.

3. Reporting Structure:

Option A: Employee will report directly to [Supervisor Name], [Supervisor Title].

Option B: Employee will report to [Supervisor Name], [Supervisor Title], and will work collaboratively with [Peer Team Name].

4. Work Location and Remote Work Policy:

Option A: Primary work location: [City in Delaware], Delaware.

Option B: Remote/Hybrid Work:

• Employee may work remotely [Number] days per week.
• Employer will provide [List of Hardware/Software Provided].
• Employee agrees to adhere to Employer's acceptable use and remote work security protocols compliant with Delaware and applicable federal statutes, including secure access to company data from offsite locations.

5. Employment Type and Work Hours:

Option A: Employment is full-time. Standard work hours are [Number] hours per week.

Option B: Overtime: Overtime is [Eligible/Ineligible]. If eligible, overtime will be paid in accordance with FLSA and company policy. All overtime must be pre-approved by [Supervisor Name].

Employee will adhere to company policies regarding flexible scheduling, meal and rest breaks, and time-keeping.

6. Compensation:

Option A: Annual Salary: [Salary Amount], payable [Payment Cycle: e.g., bi-weekly] via direct deposit.

• Payment will be made in accordance with Delaware law.

Option B: Hourly Rate: [Hourly Rate Amount], payable [Payment Cycle: e.g., bi-weekly] via direct deposit.

• Payment will be made in accordance with Delaware law.

7. Bonus and Incentives:

Option A: Performance-based Bonus: Employee is eligible for a performance-based bonus, up to [Percentage]% of annual salary, based on [Performance Metrics].

• Bonus eligibility, computation, and payout schedule are subject to the terms of the Employer's bonus plan.

Option B: Equity/Stock Options: Employee is eligible to receive equity or stock options as described in a separate agreement.

8. Benefits:

Option A: Employer provides the following benefits, subject to plan documents:

• Medical, vision, and dental insurance.
• Life and disability insurance.
• 401(k) or retirement plan.
• Paid vacation and sick leave (referencing the Healthy Delaware Families Act and company-specific PTO policies).
• Paid holidays (recognizing Delaware-specific holidays as applicable).

Option B: Additional Benefits:

• Remote/Home office stipend: [Stipend Amount].
• Reimbursement for approved professional training and software or industry certifications up to [Reimbursement Amount] per year.

9. Intellectual Property:

All software code, documentation, processes, inventions, and related work products developed during employment or using company resources are the property of the Employer.

Employee agrees to assign all rights, title, and interest in such intellectual property to Employer.

Employee shall disclose to Employer all inventions and works created during the term of employment.

Employee understands the need to disclose and handle open-source software and third-party libraries, including explicit approval workflow defined by Employer.

10. Confidentiality:

Employee agrees to hold confidential all source code, algorithms, technical documentation, internal processes, customer or third-party data, and technical or business information of the Employer.

This obligation extends during and after employment.

Employee acknowledges the importance of protecting trade secrets under Delaware law.

11. Outside Activities:

Option A: Employee is permitted to participate in external technical conferences, hackathons, and open-source projects with Employer's prior written approval.

Option B: Employee shall not engage in any competing employment or business ventures during employment with Employer.

12. Non-Competition and Non-Solicitation:

Option A: Non-Competition: Employee agrees not to work for a direct competitor or start a rival venture during employment and for [Number] months after termination, limited to [Specific Role] and [Geographic Area].

Option B: Non-Solicitation: Employee agrees not to solicit clients, contractors, or technical employees of Employer during employment and for [Number] months after termination.

These clauses are intended to be reasonable and narrowly drafted in accordance with Delaware law.

13. Employee Standards:

Employee will comply with all cybersecurity and IT policies, including secure storage/use of code and credentials.

Employee will maintain a clear chain of custody of company devices and data.

Employee will participate in regular code reviews and adhere to secure development lifecycle best practices.

14. At-Will Employment:

Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the notice requirements below.

Option A: Resignation: Employee shall provide [Number] weeks' written notice of resignation.

Option B: Termination: Employer may terminate employment at any time.

Final wage payment will be made in accordance with Delaware’s wage payment law.

Upon termination, Employee will return all hardware, software, access badges, and other property of the Employer.

15. Post-Employment Cooperation:

Employee agrees to cooperate with Employer after termination to facilitate a smooth technical transition and to assist with the assignment of IP created prior to departure.

16. Non-Discrimination and Equal Opportunity:

Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, veteran status, or any other protected characteristic in accordance with Delaware’s Discrimination in Employment Act and federal laws.

17. Harassment and Diversity:

Employer maintains a zero-tolerance policy for harassment and is committed to fostering a diverse and inclusive workplace.

18. Whistleblower Protection:

Employer prohibits retaliation against employees who report technical or ethical concerns in good faith.

19. Workers' Compensation:

Employee is covered by Delaware's workers' compensation laws for work-related injuries or illnesses.

20. Dispute Resolution:

Any disputes arising from this Agreement shall be resolved through [Mediation/Arbitration] in [City in Delaware], Delaware.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

21. Delaware-Specific Notices:

Employee acknowledges that Employer may monitor electronic communications in accordance with applicable Delaware law.

Employee authorizes any necessary wage deductions in compliance with Delaware law.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________