Georgia software developer employment contract template
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How Georgia software developer employment contract Differ from Other States
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Georgia enforces non-compete clauses more readily than some states, making enforceability less restrictive for employers.
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Employment in Georgia is strictly at-will unless otherwise agreed, which impacts termination rights and obligations.
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Georgia law requires specific language for non-solicitation and confidentiality provisions compared to other states.
Frequently Asked Questions (FAQ)
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Q: Is non-compete enforceable in Georgia for software developers?
A: Yes, non-compete clauses are generally enforceable in Georgia if they are reasonable in scope and duration.
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Q: Does Georgia require paid sick leave for software developers?
A: No, Georgia law does not mandate paid sick leave; it depends on employer policy or contract terms.
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Q: Are there unique intellectual property laws for software in Georgia?
A: Georgia applies general U.S. IP laws, but contract terms can clarify software ownership and usage rights.
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Georgia Software Developer Employment Contract
This Georgia Software Developer Employment Contract (the “Agreement”) is made and entered into as of [Date of Execution], and effective as of [Effective Date], by and between [Employer Legal Business Name], a Georgia corporation with a principal place of business at [Employer Registered Address], hereinafter referred to as "Employer," and [Employee Full Name], residing at [Employee Full Address], hereinafter referred to as "Employee."
1. Employment
The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Software Developer.
2. Job Responsibilities
The Employee's primary responsibilities will include, but are not limited to:
- System and application architecture design
- Software design, coding, testing, and debugging
- System maintenance, code documentation, and version control
- Deployment, participation in agile/scrum teams, and continuous integration/delivery
- Peer code reviews and technical support for release cycles.
- Working with programming languages such as [Programming Language 1], [Programming Language 2], and frameworks such as [Framework 1], [Framework 2].
- Attendance at daily stand-up meetings, design discussions, sprint planning, and retrospectives.
- Collaboration with cross-functional teams.
3. Work Location and Remote Work
- Option A: The Employee's primary work location will be at the Employer's office located at [Employer Office Address in Georgia].
- Option B: The Employee may be eligible for remote work subject to the Employer's remote work policy. If remote work is permitted, the Employee must maintain a secure home office setup in accordance with the Employer's cybersecurity policies and Georgia cybersecurity laws.
- The Employer will provide the necessary hardware and software for the Employee to perform their job duties.
- Remote access and VPN procedures will be governed by the Employer's IT and data security policies.
4. Employment Status and Hours
- Option A: The Employee's employment status is full-time, exempt. The Employee's standard workweek is [Number] hours. Core work times are [Start Time] to [End Time].
- Option B: The Employee's employment status is full-time, non-exempt. The Employee's standard workweek is [Number] hours. Overtime will be paid in accordance with the Fair Labor Standards Act (FLSA) and Georgia law.
- The Employee is entitled to meal and rest periods as required by Georgia labor regulations.
- Flexible scheduling may be available subject to the Employer's policies.
5. Compensation
- Option A: The Employee's base annual salary is [Dollar Amount], payable bi-weekly.
- Option B: The Employee's hourly rate is [Dollar Amount], payable bi-weekly.
- The Employer will conduct performance reviews to determine merit raises.
- Option A: The Employee may be eligible for bonuses based on performance and company profitability.
- Option B: The Employee may be eligible for equity incentives, subject to the terms of the Employer's equity incentive plan.
- All payments will be made in accordance with Georgia wage payment deadlines.
6. Benefits
The Employee will be eligible for the following benefits:
- Health insurance
- Dental insurance
- Vision insurance
- 401(k) retirement plan
- Paid time off (vacation and sick leave)
- Georgia observed holidays
- Option: Parental Leave
- Option: Transportation or parking allowance
- Option: Technical training/conference reimbursement
- Option: Remote work utilities or stipends
7. Intellectual Property
All software, code, inventions, know-how, and documentation created by the Employee during their employment, or using company resources, are the sole property of the Employer.
This includes protection under the Georgia Uniform Trade Secrets Act.
The Employee agrees to comply with the Employer's policy regarding the use of open-source software.
8. Confidentiality
The Employee agrees to hold confidential all proprietary and customer data, source code, algorithms, business information, product roadmaps, and methods.
This obligation survives termination of employment and is subject to Georgia trade secret law.
The Employee will comply with the Employer's policies regarding personal devices, BYOD, and cloud services.
9. Non-Solicitation and Non-Competition
- Option A: During their employment and for a period of [Number] months following termination, the Employee agrees not to solicit the Employer's clients, employees, or contractors. This applies within a [Radius Number] mile radius of [Employer Office Location].
- Option B: The Employee agrees not to engage in any employment or work that is competitive with the Employer's software development business for a period of [Number] months following termination within [Specific Industry Segment or Geographical Area], directly related to the Employee's specialized development role.
- The Employee acknowledges the restrictions are permissible under Georgia’s Restrictive Covenants Act.
- This clause is separate from the confidentiality obligations in Section 8.
10. Professional Conduct and Performance Standards
The Employee will adhere to the Employer's IT security policies, including Georgia breach notification rules.
The Employee will provide regular status and progress reports.
The Employee will implement prompt patching and update protocols.
The Employee will maintain secure password and account management practices.
The Employee will participate in company cyber and compliance training.
11. Exclusive Employment
The Employee agrees to devote their full time and attention to their duties with the Employer.
The Employee will not engage in any outside programming work that competes with the Employer or creates a conflict of interest.
The Employee will disclose any side projects to the Employer.
12. Termination
The Employee may resign with [Number] days written notice.
The Employer may terminate the Employee's employment with or without cause, subject to applicable Georgia law.
The Employer may terminate the Employee's employment due to a reduction in force.
Upon termination, the Employee will receive their final paycheck in accordance with Georgia law.
Severance terms, if any, will be outlined in a separate agreement.
The Employee will be provided with information regarding COBRA or Georgia continuation benefits.
The Employee will return all company equipment, code repositories, documentation, and access credentials.
13. Regulatory and Compliance
The Employer maintains workers' compensation insurance as required by Georgia law.
The Employer participates in the Georgia unemployment insurance program.
The Employer complies with the Fair Labor Standards Act (FLSA) and Georgia labor laws.
The Employer adheres to OSHA guidelines for telecommuters, if applicable.
The Employer complies with all applicable data privacy and cybersecurity regulations related to handling Georgia resident consumer data.
14. Anti-Discrimination and Equal Opportunity
The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic under federal or Georgia law.
The Employee may file a complaint with the EEOC or the Georgia Commission on Equal Opportunity.
The Employer is committed to diversity and inclusion practices.
15. Dispute Resolution
The Employee will follow the Employer's internal complaint procedures.
Option: Any disputes arising out of this Agreement will be resolved through mediation or arbitration in [City], Georgia.
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia.
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.
This Agreement may be amended only by a written instrument signed by both parties.
The terms of this Agreement are negotiable.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Business Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Full Name]
Signature:
Date: