Maryland software developer employment contract template

Maryland Software Developer Employment Contract

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

1. Position and Job Description

• The Employer hires the Employee as a full-time Software Developer.
• The Employee's primary duties and responsibilities include, but are not limited to:
  • Software design and development.
  • Programming and coding.
  • Software testing and debugging.
  • System integration.
  • Documentation of software and systems.
  • Code reviews.
  • Version control.
  • Participation in agile development methodologies.
  • Collaboration with technical and non-technical team members.
• Required Technology Stack: [List Technology Stack]
• Required Programming Languages: [List Programming Languages]
• Required Frameworks: [List Frameworks]
• Required Tools: [List Tools]
• Required Certifications/Clearances: [List Certifications/Clearances, including any Maryland specific clearances, e.g., for healthcare or government systems]

2. Organizational Structure and Reporting

• The Employee will report to [Supervisor Name and Title].
• The Employee will be part of the [Department/Team Name] team.
• The Employee will be expected to collaborate with the following teams: [List Teams]

3. Work Location

• Option A: The Employee's primary work location is [Employer Address in Maryland].
• Option B: The Employee's primary work location is a client site at [Client Address in Maryland].
• Option C: The Employee will work remotely, with Maryland as the employment base.
  • Remote Work Policy: [Detail Remote Work Policy, including hardware, security, data privacy, and handling of sensitive data.]

4. Employment Type and Working Hours

• The employment is full-time.
• Regular working hours are [Number] hours per week, typically from [Start Time] to [End Time], Monday through Friday.
• Option A: Flexible work options are available subject to Employer approval. [Detail Flexible Work Options]
• Option B: The Employee is eligible for overtime pay in accordance with Maryland law. [Detail Overtime Calculation]
• The Employee is entitled to rest and meal breaks as required by Maryland law.

5. Compensation

• Option A: The Employee's annual salary is [Salary Amount], payable [Payment Frequency, e.g., bi-weekly].
• Option B: The Employee's hourly rate is [Hourly Rate], payable [Payment Frequency, e.g., bi-weekly].
• Payment method: [Payment Method, e.g., direct deposit].
• The Employee is eligible for a bonus based on [Bonus Criteria]. [Detail Bonus Structure]
• Option A: The Employee is eligible for project-based incentives. [Detail Project-Based Incentives]
• Option B: The Employee is eligible for stock options or employee equity plans. [Detail Stock Options/Equity Plan]
• Salary Review Cycle: [Salary Review Cycle, e.g., annually].

6. Benefits

• Health Insurance: [Detail Health Insurance Plan (Medical, Vision, Dental)] (Maryland compliant)
• Disability Insurance: [Detail Disability Insurance (Short-Term, Long-Term)]
• Life Insurance: [Detail Life Insurance Policy]
• Retirement Plan: [Detail Retirement Plan (401(k))]
• Paid Vacation: [Number] days per year.
• Paid Sick Leave: [Number] days per year (Maryland compliant).
• Holidays: [List Maryland Public Holidays]
• Parental and Family Leave: Consistent with Maryland and federal law, including the Maryland Healthy Working Families Act.
• Option A: Commuter Benefits: [Detail Commuter Benefits, e.g., public transit reimbursement]
• Option B: Technical Conference/Training Reimbursement: [Detail Reimbursement Policy]
• Option C: Continuing Education Support: [Detail Support Policy]
• Option D: Wellness/Employee Assistance Program: [Detail Program]

7. Intellectual Property

• All code, inventions, documentation, scripts, and technical solutions developed by the Employee during employment with the Employer, whether on or offsite, are the sole and exclusive property of the Employer. This includes work performed under this Agreement and any prior agreements.
• The Employee agrees to assign all rights, title, and interest in such intellectual property to the Employer.
• Use of Open-Source Software: [Detail Policy on Open-Source Software Usage, including allowed and limited use and approval processes.]
• Third-Party Code: [Detail Policy on Third-Party Code Usage]
• Personal Projects: The Employee must obtain written approval from the Employer prior to engaging in any personal or external technical project work that could create a conflict of interest or ambiguity in IP ownership.

8. Confidentiality and Non-Disclosure

• The Employee agrees to hold all proprietary technology, source code, customer data, and trade secrets of the Employer in strict confidence.
• This obligation extends both during and after the term of employment.
• This Agreement is governed by the Maryland Uniform Trade Secrets Act.
• The Employee is responsible for code security, end-user privacy, and compliance with the Maryland Consumer Privacy Act (if applicable).
• The Employee must immediately notify the Employer of any data breach or suspected breach.

9. Acceptable Use of IT Resources

• The Employee's use of IT resources is subject to the Employer's Acceptable Use Policy.
• Unauthorized software downloads are prohibited.
• Code sampling from non-compliant open-source or external repositories is prohibited.
• The Employee must participate in regular code reviews and security audits.

10. Non-Compete and Non-Solicitation

• Note: Maryland law restricts non-compete agreements for employees earning less than $15/hour or $31,200 annually.
• Option A (Non-Compete): During the term of employment and for a period of [Number] months following termination, the Employee shall not engage in any business that competes with the Employer within [Geographic Area]. [Detail Covered Activities]
• Non-Solicitation: During the term of employment and for a period of [Number] months following termination, the Employee shall not solicit any employees or customers of the Employer.

11. At-Will Employment and Termination

• The employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, subject to the notice provisions below.
• Voluntary Resignation: The Employee must provide [Number] weeks' written notice of resignation.
• Employer-Initiated Termination:
  • Option A: The Employer may terminate the Employee's employment with or without cause.
  • Option B: The Employer may terminate the Employee's employment with [Number] weeks notice or payment in lieu of notice.
• Severance: [Detail Severance Payment, if any]
• Upon termination, the Employee must return all Employer property, including laptops, mobile devices, and documents, and securely delete any code or technical data from personal devices. The final paycheck, including accrued but unused vacation time if required by Maryland law, will be issued in accordance with Maryland law.

12. Grievance and Dispute Resolution

• The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.
• Option A: Mediation: If negotiation is unsuccessful, the parties agree to attempt to resolve the dispute through mediation. [Specify Mediation Process and Location]
• Option B: Arbitration: Any unresolved dispute shall be settled by binding arbitration in accordance with the rules of [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in [City, State].
• Maryland law governs this Agreement.
• Exclusive Venue: The exclusive venue for any legal action related to this Agreement shall be the state and federal courts located in [County, Maryland].

13. Equal Employment Opportunity

• The Employer is an equal opportunity employer and complies with all applicable Maryland and federal laws prohibiting discrimination.
• The Employer does not discriminate on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, marital status, veteran status, or any other characteristic protected by law, as per the Maryland Human Relations Law.
• The Employer prohibits harassment of any kind. [Detail Reporting Channels and Protections Against Retaliation]

14. Workplace Safety

• The Employer is committed to providing a safe and healthy workplace and complies with Maryland Occupational Safety and Health (MOSH) regulations.
• [Detail Relevant MOSH Regulations, particularly for IT and home office workspaces.]
• The Employer provides workers' compensation coverage as required by Maryland law.

15. Optional Clauses

• Code of Conduct: The Employee agrees to abide by the Employer's Code of Conduct. [Provide Code of Conduct]
• Monitoring: The Employer reserves the right to monitor work email and developer platforms. [Detail Monitoring Policy]
• Social Media: The Employee's use of social media must comply with the Employer's Social Media Policy and applicable Maryland labor law restrictions. [Provide Social Media Policy]
• Independent Inventions: This agreement does not apply to inventions that the Employee developed entirely on their own time without using the Employer's equipment, supplies, facilities, or trade secret information, except for those inventions that either (1) relate to the Employer’s business, or actual or demonstrably anticipated research or development of the Employer; or (2) result from any work performed by the Employee for the Employer.

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: ____________________________