Maine software developer employment contract template
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How Maine software developer employment contract Differ from Other States
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Maine requires explicit consent for non-compete agreements and restricts their use more than many other states.
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Maine law mandates timely payment of wages, including unused vacation, at contract termination more strictly than elsewhere.
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Software IP ownership defaults can differ due to Maine’s specific employment and intellectual property statutes.
Frequently Asked Questions (FAQ)
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Q: Are non-compete clauses enforceable in Maine software developer contracts?
A: They are only enforceable under strict conditions and must meet clear statutory requirements, including prior notice.
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Q: Does Maine law require payment for accrued vacation upon termination?
A: Yes, Maine considers accrued vacation as wages and requires payment at the end of employment if promised in the contract.
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Q: Who owns software created by a developer under a Maine employment contract?
A: Typically, the employer owns software created during employment, but the contract should clarify intellectual property rights.
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Maine Software Developer Employment Contract
This Full-Time Software Developer Employment Contract ("Agreement") is made and entered into as of [Date of Signing] by and between:
- [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address, City, State, Zip Code] ("Employer"), and
- [Employee Legal Name], residing at [Employee Address, City, State, Zip Code] ("Employee").
1. Position and Job Description
- Option A: The Employer hereby hires the Employee as a Software Developer.
- Option B: The Employer hereby hires the Employee as a [Specific Title, e.g., Senior Software Engineer].
The Employee's primary responsibilities include, but are not limited to:
- Programming, designing, and developing software applications.
- Backend and frontend development.
- Software architecture and system design.
- Quality assurance and testing.
- Version control and source code management using [e.g., Git, Azure DevOps].
- Implementing data security measures.
- Participating in sprint planning, code reviews, and cross-functional teams.
- Working with [Specific Technologies, e.g., .NET, Java, Python, React, Angular, AWS, Azure].
The Employee will be expected to maintain proficiency in relevant technologies and stay current with industry best practices.
2. Reporting Structure and Collaboration
- Option A: The Employee will report directly to the [Job Title, e.g., Engineering Manager].
- Option B: The Employee will report directly to the [Job Title, e.g., CTO].
The Employee will use collaborative tools such as [List of tools, e.g., Slack, Microsoft Teams, Jira] for communication and project management.
3. Work Location and Remote/Hybrid Policy
- Option A: The Employee's principal place of work will be at [Employer Address, City, State, Zip Code].
- Option B: The Employee's principal place of work will be remote, with occasional travel to [City, State].
- Option C: The Employee’s principal place of work will be hybrid, with [Number] days per week at [Employer Address, City, State, Zip Code] and the remainder remote.
The Employee will adhere to the Employer's remote work policy, including data security protocols and acceptable use guidelines. The Employee will be provided with the following equipment: [List of Equipment, e.g., laptop, monitor, software licenses]. The Employee acknowledges Maine's data privacy and cybersecurity requirements and will adhere to them.
4. Full-Time Status and Hours
- Option A: This is a full-time position, requiring a minimum of 40 hours per week.
- Option B: This is a full-time position, requiring a minimum of [Number] hours per week.
The Employee's workweek is defined as Monday through Friday, with daily work hours of [Start Time] to [End Time]. The Employee is required to track and report their work hours accurately. Overtime will be compensated at time-and-a-half for hours worked over 40 in a workweek, in accordance with Maine law. The Employee is entitled to meal, rest, and lactation breaks as required by the Maine Department of Labor.
5. Compensation
- Option A: The Employee's annual salary will be [Dollar Amount], payable biweekly.
- Option B: The Employee's hourly rate will be [Dollar Amount], payable biweekly.
The Employee is eligible for participation in the Employer's bonus program, with performance-based bonuses awarded based on [Criteria for Bonus]. Payment will be made via direct deposit. All compensation is subject to applicable Maine withholding tax obligations.
6. Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
- Medical, dental, and vision insurance.
- Disability insurance.
- Paid time off (PTO), including vacation and sick leave, accruing at a rate of [Rate, e.g., 1 hour per 40 hours worked] in accordance with Maine's Earned Paid Leave Law.
- Family leave.
- [Number] paid holidays per year, including [List of Maine-Specific Holidays, e.g., Patriots' Day].
- Technical training/course reimbursement up to [Dollar Amount] per year.
- [Other Benefits, e.g., Tuition assistance, relocation support, remote work stipend].
7. Intellectual Property (IP)
All software, code, algorithms, documentation, and related intellectual property created by the Employee during the course of their employment belong exclusively to the Employer. The Employee agrees to assign all rights, title, and interest in such intellectual property to the Employer. The Employee will disclose any pre-existing inventions that may be relevant to their work.
8. NDA and Confidentiality
The Employee agrees to hold all proprietary information of the Employer, including business logic, source code, client data, algorithms, and security protocols, in strict confidence. This obligation extends beyond the termination of employment. The Employee will comply with Maine's Uniform Trade Secrets Act. Upon termination of employment, the Employee will return or destroy all confidential materials.
9. Security and Conduct
The Employee will adhere to the Employer's IT policy and security protocols. The Employee will report any suspected data breaches or security incidents immediately. The Employee will install mandatory software updates and patches. The Employee will not use personal devices for work purposes without authorization. The Employee is prohibited from installing unauthorized software or granting third-party access to company systems. The Employee will comply with Maine’s cyber/data breach notification rules.
10. Non-Compete/Non-Solicitation (If Applicable)
- Option A: (If Applicable and Compliant with Maine Law) The Employee agrees to the following non-compete and non-solicitation restrictions, which are acknowledged to be voluntary. These restrictions apply only if the employee’s average earnings exceed 400% of the federal poverty level.
- Non-Compete: For a period of [Number] months following termination of employment, the Employee will not engage in [Specific Competitive Activity] within a [Geographic Area]. Employer will provide paid garden leave for the duration of this non-compete period.
- Non-Solicitation: For a period of [Number] months following termination of employment, the Employee will not solicit the Employer's clients or employees.
- Option B: (If Not Applicable) This agreement does not contain any non-compete or non-solicitation provisions.
The Employee acknowledges that they have received at least 30 days' advance notice of this non-compete agreement.
11. At-Will Employment
Employment with the Employer is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws and the requirements of this Agreement.
12. Termination
- Option A: In the event of termination, the Employer will provide the Employee with [Number] weeks' notice.
- Option B: In the event of termination, the Employee will provide the Employer with [Number] weeks' notice.
- Option C: No notice required per Maine At-Will employment.
Upon termination, the Employee will receive their final wage payment within the timeframes specified by Maine law. The Employee will return all company property, including work product, code repositories, hardware, and access credentials. An exit interview will be conducted, and all access to company systems will be revoked.
13. Leave of Absence
The Employee is entitled to leaves of absence in accordance with applicable federal and Maine laws, including the Family and Medical Leave Act (FMLA), jury duty leave, voting leave, and military leave.
14. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through informal negotiation. If informal negotiation fails, the parties agree to participate in mediation or arbitration prior to initiating litigation. Maine law and venue will govern any legal proceedings.
15. Workplace Safety and Health
The Employer will maintain a safe and healthy workplace in accordance with Maine's Occupational Safety and Health Act. The Employee will report any workplace injuries or hazards immediately. The Employer will provide ergonomic workstations and encourage regular screen breaks. The Employee has access to mental health support resources.
16. Anti-Discrimination and Anti-Harassment
The Employer is committed to providing a workplace free from discrimination and harassment. The Employer complies with the Maine Human Rights Act and prohibits discrimination based on race, color, sex, sexual orientation (including gender identity), physical or mental disability, religion, age, ancestry, or national origin. The Employee is required to participate in periodic harassment and inclusion training.
17. Professional Development
The Employee is expected to maintain any required professional licenses or certifications and to pursue continued learning opportunities. The Employer will consider requests for professional development assistance.
18. Government Contracts (If Applicable)
- Option A: (If Applicable) The Employee's work may involve government contracts and access to sensitive government data. The Employee is required to undergo background checks and may be required to obtain a security clearance. The Employee will comply with all applicable federal and state data and contracting laws.
- Option B: (If Not Applicable) This section does not apply to this role.
19. Entire Agreement
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Name of Employer Representative]
Title: [Title of Employer Representative]
[Employee Legal Name]
Signature: ____________________________
Date: ____________________________