Michigan software developer employment contract template

Michigan Software Developer Employment Agreement

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

Position and Classification

Option A: The Employee is hired as a full-time Software Developer.

Option B: The Employee is hired as a full-time Senior Software Developer.

Employee's classification under Michigan law is a full-time W-2 employee.

Job Duties

The Employee's primary duties include, but are not limited to:

• Software design, coding, debugging, and testing (manual and automated).
• Algorithm and architecture development.
• Creating technical documentation.
• Version control using Git.
• Participation in Agile/Scrum/Kanban processes.
• Collaborative coding and peer code reviews.
• DevOps and CI/CD practices.
• User story estimation and sprint retrospectives.
• Cross-department technical communication.
• Continued learning and technical skill upgrades.
• Mandatory security training.

The Employee will use the following technologies: [List Programming Languages, Platforms, IDEs, Cloud Environments, Software Stack, APIs, and Targeted Operating Systems].

Reporting Structure

The Employee will report to [Supervisor Name], [Supervisor Title].

The Employee will be integrated into the [Team Name] team.

Work Location and Remote Work

Option A: The primary work location is [Employer Address], a Michigan worksite.

Option B: The primary work location is the employee's remote location.

• Employee is expected to be available during business hours aligned to Eastern Time.
• The company will provide [Hardware, Licensed Software, Secure VPN].
• Employee acknowledges and agrees to comply with Michigan-mandated digital security requirements.

Employment Classification and Hours

Option A: The Employee is classified as exempt under Michigan minimum wage and overtime standards. The regular work week is [Number] hours.

Option B: The Employee is classified as non-exempt under Michigan minimum wage and overtime standards. The regular work week is [Number] hours.

• Overtime will be paid in accordance with Michigan law and the Michigan Payment of Wages and Fringe Benefits Act.
• The employee is entitled to Michigan mandated rest and meal breaks.

Compensation

Option A: The Employee's annual salary is [Salary Amount], payable [Payment Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].

Option B: The Employee's hourly rate is [Hourly Rate], payable [Payment Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit]. Overtime will be paid at 1.5 times the regular hourly rate for hours worked over 40 in a workweek.

Payroll deductions will be made in accordance with Michigan law.

Option A: The employee is eligible for a performance bonus based on [Criteria for Bonus].

Option B: The employee is not eligible for a performance bonus.

Option C: The employee is eligible for [Signing Bonus, Equity/Grants, Project Completion Awards, Milestone Incentives, etc.]

Benefits

• Health insurance, compliant with Michigan insurance requirements.
• Dental and Vision insurance.
• Optional flexible benefit plans.
• Michigan-mandated short-term disability and workers' compensation.
• 401(k) or comparable retirement plan.
• Paid Time Off (PTO) including Michigan sick leave, paid and unpaid family/medical leave, and holidays.
• Remote work stipends (if applicable).
• Education/Training reimbursement.
• Technical certification sponsorship.
• Eligibility and vesting schedules for all benefits are subject to company policy.

Intellectual Property

All software, code, work products, and technical documentation created within the scope of employment or using company resources are the property of Employer as a "work made for hire" under federal and Michigan intellectual property law.

The Employee must disclose all prior inventions.

Company review and consent are required for contributions to open-source or side projects.

Confidentiality

The Employee will protect client and proprietary technical information, source code, system architecture, product roadmaps, and data security practices.

The Employee's duty of confidentiality continues post-employment.

The Employee will follow detailed protocols for data protection, complying with Michigan’s Identity Theft Protection Act and industry-specific regulations.

Non-Solicitation and Non-Disclosure

The Employee will not solicit clients, customers, or employees.

The Employee will maintain confidentiality regarding company information. These terms are reasonable and enforceable under Michigan contract law.

Non-Compete (Optional - Consult Michigan Counsel)

Option A: The Employee agrees not to compete with the Employer within [Geographic Area] for a period of [Time Period] after termination of employment. This restriction is narrowly tailored and necessary to protect the Employer's legitimate business interests.

Option B: There is no non-compete agreement.

IT Security and Compliance

The Employee will comply with all Employer IT security policies, password protocols, and restrictions on unauthorized data transfer.

The Employee will report vulnerabilities and security incidents.

The Employee is prohibited from using unlicensed software, infringing intellectual property, or performing external contract work without written permission.

Employee Inventions

The Employee will disclose inventions and assign rights to embedded or derivative code.

Code Reviews and Training

The Employee will attend code reviews, security training, and participate in progress updates.

Anti-Discrimination

The Employer is committed to complying with all Michigan and federal anti-discrimination and EEOC requirements, including the Elliott-Larsen Civil Rights Act.

The Employer prohibits harassment and provides workplace accommodations.

The Employer supports diversity, equity, and inclusion (DEI) practices within the technology team.

At-Will Employment

The Employee's employment is "at-will" under Michigan law. Both the Employer and Employee may terminate the employment at any time for any legal reason.

[Recommended Notice Period] notice period is recommended.

The Employee will participate in a handover process and exit interview.

The Employee will return all hardware and assets upon termination.

Termination

Termination may occur with cause (performance, misconduct, breach), without cause (layoff or restructuring), or by voluntary resignation.

Final wage payments will be made in accordance with Michigan law.

Unused PTO payout will be handled according to company policy.

The Employee will return or securely destroy all proprietary materials and devices.

Dispute Resolution

The parties will attempt to resolve disputes through mutual negotiation and mediation prior to arbitration.

This Agreement is governed by Michigan law and the jurisdiction is Michigan state or federal courts.

Arbitration will be conducted under the Michigan Arbitration Act.

Occupational Health and Safety

The Employer will comply with Michigan occupational health, workplace safety, and mental health support, in accordance with the Michigan Occupational Safety and Health Act (MIOSHA).

Workers' Compensation

The Employee is eligible for participation in Michigan's workers' compensation program.

The Employee will report workplace injuries as required.

Employer Policy Handbook

The Employer policy handbook and electronic conduct policies are binding supplements to this Agreement.

Amendments

Amendments and modifications must be in writing and signed by both parties.

Severability, Waiver, and Integration

These clauses are compliant with Michigan law.

Legal Counsel

The Employee acknowledges having had the opportunity to seek advice from Michigan counsel prior to execution of this Agreement.

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

____________________________

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Legal Name]