Kentucky software developer employment contract template
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How Kentucky software developer employment contract Differ from Other States
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Kentucky imposes specific limitations on non-compete clauses, requiring them to be reasonable in scope and duration.
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State law in Kentucky mandates prompt payment of wages upon termination, impacting final paycheck timelines in these contracts.
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Intellectual property ownership must comply with Kentucky's recognition of employee invention rights, differing from some other states.
Frequently Asked Questions (FAQ)
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Q: Are non-compete agreements enforceable in Kentucky software developer contracts?
A: Yes, but courts enforce them only if they are reasonable in geographic and temporal scope and protect legitimate business interests.
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Q: How soon must a terminated software developer be paid their final wages in Kentucky?
A: Kentucky law requires that final wages be paid on or before the next regular payday following the employee’s termination.
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Q: Does Kentucky law require paid vacation or PTO in software developer employment contracts?
A: No, Kentucky law does not require employers to provide paid vacation or PTO, but terms must be clearly stated in the contract.
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Kentucky Software Developer Employment Agreement
This Full-Time Software Developer Employment Agreement is made and entered into as of [Date] by and between:
[Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"),
and
[Employee Name], residing at [Employee Address] ("Employee").
Position and Duties
The Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a Software Developer.
Employee's duties shall include, but not be limited to:
- Software architecture and design.
- Coding and debugging.
- Software documentation.
- System optimization and troubleshooting.
- Release management.
- Participation in code reviews.
- Using [List Programming Languages].
- Utilizing tools and development methodologies such as Agile or DevOps.
- Familiarity with industry-standard version control systems.
- Mandatory security awareness in the software lifecycle.
- Compliance with internal QA/testing protocols.
- Participation in daily stand-ups and sprint planning.
- Collaborative development and interdepartmental projects.
Work Location
Option A: The primary work location is Employer's office located at [Employer Address] in Kentucky.
Option B: The primary work location is remote, with Employee working from [Employee Address]. Employee is responsible for complying with all applicable Kentucky tax and wage-withholding rules.
- Employer will provide and maintain hardware as detailed in the Remote Work Policy, attached as Exhibit A. Employee will return all hardware upon termination. Secure remote access requirements are outlined in the IT Security Policy, attached as Exhibit B.
Employment Classification and Hours
Option A: Full-Time Exempt. Employee is classified as a full-time exempt employee under the Kentucky Wage and Hour Act and related FLSA exemptions for computer professionals. Standard weekly hours are [Number].
Option B: Full-Time Non-Exempt. Employee is classified as a full-time non-exempt employee under the Kentucky Wage and Hour Act and related FLSA. Standard weekly hours are [Number]. Overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
- Employee is entitled to meal and rest breaks as required by Kentucky law.
Compensation
Option A: Annual Salary. Employee's annual salary is [Dollar Amount], payable [Frequency, e.g., bi-weekly]. This salary meets Kentucky minimum wage requirements.
Option B: Hourly Rate. Employee's hourly rate is [Dollar Amount], payable [Frequency, e.g., bi-weekly]. This rate meets Kentucky minimum wage requirements.
Paychecks will be issued according to Kentucky paycheck timing rules. Payroll deductions will only be made as permitted by law.
Option A: Bonus. Employee may be eligible for a project/performance bonus based on the achievement of deliverable metrics, as defined in Exhibit C.
Option B: Stock Options/Profit Sharing. Employee may be eligible for stock options or profit-sharing, as defined in Exhibit D.
Benefits
Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plans:
- Health, dental, and vision insurance compliant with Kentucky law.
- 401(k) or pension options.
- [Number] days of paid time off (PTO).
- Holiday calendar reflecting Kentucky public holidays.
- Sick and parental leave aligned with state and local requirements.
- Professional development and technical certification reimbursement, as outlined in Exhibit E.
- Option A: Remote work technology stipend of [Dollar Amount] per [Time Period].
- Option B: Relocation/commute allowance of [Dollar Amount] per [Time Period].
Intellectual Property
All code, technical documentation, algorithms, inventions, and other works created by Employee in the course of employment are solely the property of Employer, considered "work for hire" as defined by law.
Employee shall disclose all such works to Employer promptly.
Ownership and licensing of open-source code are governed by the Open Source Policy, attached as Exhibit F.
Employee must obtain prior written approval from Employer before contributing to any external/OSS project.
This provision is intended to comply with the Kentucky Uniform Trade Secrets Act.
Confidentiality
Employee shall maintain the confidentiality of all confidential information of Employer, including but not limited to source code, product roadmaps, customer and user data, business logic, security credentials, and proprietary system architecture.
This obligation shall continue even after the termination of employment, consistent with Kentucky enforcement standards.
Technology and Security Compliance
Employee shall adhere to Employer's IT and data protection policies.
Employee is prohibited from unauthorized distribution, copying, or commercial use of company code or data.
Employee shall promptly report any security incidents.
Employee shall use only approved cloud or repository services.
Employee shall handle personally identifiable information securely in accordance with applicable federal requirements and Kentucky breach notification statutes.
External Activities and Conflicts of Interest
Employee shall not undertake any outside employment, consulting, contracting, or technical presentations potentially related to Employer's business or technology space without prior written consent from Employer.
Non-Compete, Non-Solicitation, and Non-Disparagement
Option A: Non-Compete. Employee agrees to a non-compete agreement as detailed in Exhibit G, which is narrowly tailored geographically and by scope, with a reasonable duration, and justified by legitimate business interests, as enforceable under Kentucky precedent.
Option B: Non-Solicitation. Employee agrees not to solicit Employer's clients or employees as detailed in Exhibit H, only to the extent necessary to protect Employer's legitimate business interests.
Employee agrees not to disparage Employer.
At-Will Employment and Termination
This is an at-will employment relationship. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following:
- Employee Resignation: Employee shall provide [Number] days' written notice of resignation. Employee will cooperate with the transition process.
- Employer-Initiated Termination: Employer may terminate Employee's employment for cause or without cause.
- Option A: Separation pay will be provided as outlined in Exhibit I.
- Option B: No separation pay will be provided.
- Upon termination, Employee shall return all devices and confidential materials, and system access will be revoked.
- In the event of a mass layoff, Employer will comply with applicable Kentucky and federal WARN Act rules.
- Employee will receive all final compensation in a timely manner, consistent with Kentucky's final paycheck statute.
Anti-Harassment, Anti-Discrimination, and Equal Opportunity
Employer is an equal opportunity employer and prohibits harassment and discrimination based on race, gender, age, disability, sexual orientation, or any other characteristic protected by Kentucky law.
Workplace behavior expectations, whistleblower protections, and requirements for reporting and investigating allegations are outlined in the Equal Opportunity and Anti-Harassment Policy, attached as Exhibit J, in accordance with the Kentucky Human Rights Act.
Occupational Health and Safety
Employer complies with Kentucky OSHA requirements.
Employer provides ergonomic and mental wellness supports for developers, including screen breaks and reasonable accommodations for long-term remote work.
Employer maintains workers' compensation insurance as required for Kentucky employers.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in [County Name] County, Kentucky, or through arbitration services located in Kentucky.
The parties agree to engage in good-faith negotiation and mediation before escalating any disputes.
Performance Reviews and Training
Employee will receive periodic performance reviews.
Employee is eligible for promotions and updated role responsibility and compensation adjustments based on performance.
Employee will participate in mandatory training on secure coding and compliance topics relevant to Kentucky regulated industries (such as healthcare, finance, or government software development).
Employee shall document work and facilitate knowledge transfer as needed.
Miscellaneous
This Agreement may not be assigned by Employee without the prior written consent of Employer.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
This Agreement may be amended only by a writing signed by both parties.
All exhibits and policies referenced herein, including but not limited to the IT Use Policy, Privacy Policy, and Hybrid Work Policy, are contractually binding.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Name]
Signature: ____________________________
Date: [Date]
Exhibits:
- Exhibit A: Remote Work Policy
- Exhibit B: IT Security Policy
- Exhibit C: Bonus Structure
- Exhibit D: Stock Options/Profit Sharing Plan
- Exhibit E: Professional Development Reimbursement Policy
- Exhibit F: Open Source Policy
- Exhibit G: Non-Compete Agreement (if applicable)
- Exhibit H: Non-Solicitation Agreement (if applicable)
- Exhibit I: Separation Pay Policy (if applicable)
- Exhibit J: Equal Opportunity and Anti-Harassment Policy