Missouri software developer employment contract template

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How Missouri software developer employment contract Differ from Other States

  1. Missouri enforces non-compete clauses more narrowly, requiring legitimate business interests and reasonable restrictions compared to some other states.

  2. Employment in Missouri is generally at-will, but local statutes may provide specific exceptions that differ from neighboring states’ regulations.

  3. Missouri mandates clear payment terms, including timelines for wage payments, which must comply with its distinct labor code requirements.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for software developers in Missouri?

    A: No, but having a written contract clearly outlines roles, compensation, and other terms, which benefits both employer and developer.

  • Q: Are non-compete agreements enforceable in Missouri software developer contracts?

    A: Yes, if they protect legitimate business interests and have reasonable time and geographic restrictions as per Missouri law.

  • Q: Does Missouri law require employers to provide paid leave in software developer contracts?

    A: Missouri law does not mandate paid leave, but employers may offer it as a contract term or a company policy.

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Missouri Software Developer Employment Contract

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

1. Employment

The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Software Developer.

2. Duties and Responsibilities

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

  • Software architecture and design.
  • Coding, debugging, and system testing of software applications.
  • User interface design and implementation.
  • Participation in code reviews.
  • Version control management using [e.g., Git].
  • Documentation of software code and systems.
  • Unit and integration testing.
  • Supporting DevOps implementation.
  • Collaborating with team members.
  • Adopting company-approved programming languages, frameworks, tools, and software platforms.
  • Participation in [Agile/Defined Development Methodologies].

3. Reporting Structure

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

The Employer shall ensure that the Supervisor is accountable for providing adequate guidance and resources to enable the Employee to perform their duties effectively.

4. Work Location and Remote Work Policy

The Employee's primary work location will be at the Employer's office located at [Company Address], in Missouri.

Option A: Remote Work is not permitted.

Option B: Hybrid Work Policy: Employee may work remotely [Number] days per week. The Employer will provide [Computer/Equipment]. The Employee must maintain a secure home office environment complying with company data security policies and protocols.

Option C: Fully Remote Work Policy: The Employer will provide [Computer/Equipment]. The Employee must maintain a secure home office environment complying with company data security policies and protocols.

5. Employment Status and Work Hours

The Employee's employment status is full-time, [Exempt/Non-Exempt].

The Employee's regular work schedule will be [Start Time] to [End Time], [Days of the Week], totaling [Number] hours per week.

Option A: The Employee will be granted flexible work hours, subject to Employer approval and project requirements.

Option B: The Employee’s work schedule is fixed.

The Employee is entitled to meal and rest breaks in accordance with Missouri law.

6. Overtime Compensation

If the Employee is classified as Non-Exempt under the Fair Labor Standards Act (FLSA) and Missouri law, the Employee will be compensated for overtime hours worked in excess of 40 hours per workweek at a rate of one and one-half (1.5) times the Employee's regular rate of pay.

Overtime must be pre-approved by [Supervisor Name].

Option A: Exempt Employees are not eligible for overtime compensation.

Option B: Exempt Employees may receive compensatory time off in lieu of overtime pay, subject to Employer policy.

7. Compensation

The Employee's annual base salary will be [Salary Amount], payable [Pay Frequency, e.g., bi-weekly].

Option A: The Employee's hourly wage will be [Hourly Wage Amount].

The Employee will be paid via [Method of Payment, e.g., direct deposit].

Pay adjustments and performance-based bonuses, if any, will be determined at the Employer's discretion and according to the Employer’s performance review policy.

Option A: Employee is eligible for a performance based bonus as outlined in Exhibit A.

Option B: Employee is not eligible for a performance based bonus.

Option C: Employee is eligible for a stock option or equity incentive plan as outlined in Exhibit B.

8. Benefits

The Employee will be eligible to participate in the Employer's benefit plans, including:

  • Health insurance [Plan Details].
  • Dental insurance [Plan Details].
  • Vision insurance [Plan Details].
  • Disability coverage [Plan Details].
  • 401(k) or retirement plan [Plan Details].
  • Paid time off (PTO), consisting of [Number] days per year for vacation and personal time.
  • Sick leave [Number] days per year.
  • Paid Missouri and federal holidays.
  • Parental leave or family leave [Policy Details].
  • Professional development/certification reimbursement [Policy Details].
  • Option A: Technology stipend of [Amount] per year.
  • Option B: Transportation/parking reimbursement [Policy Details].

9. Intellectual Property

The Employee agrees that all work product, including software code, documentation, processes, and inventions developed during the Employee's employment or on company systems, are the sole and exclusive property of the Employer, and are considered "work made for hire" under Missouri law.

Employee contributions to open-source projects require advance written approval from the Employer.

10. Confidentiality

The Employee agrees to maintain the confidentiality of the Employer's proprietary technology, customer data, business practices, and security protocols, in accordance with the Employer's confidentiality and trade secret policies. These obligations shall survive the termination of this Agreement, as per the Missouri Uniform Trade Secrets Act (MUTSA).

11. Data Protection and Cybersecurity

The Employee will adhere to the Employer's data protection and cybersecurity policies, including secure handling of source code repositories, encryption protocols, and third-party API keys.

12. Behavioral and Performance Standards

The Employee will adhere to the Employer's policies on acceptable use of company hardware/software, mandatory participation in scheduled team meetings and code reviews, reporting technical issues, and expected communication response times.

13. External Technical Engagement

Any external technical engagement, such as speaking, freelance work, or side projects, requires prior written authorization from the Employer.

14. Post-Employment Restrictions

The Employee acknowledges that non-compete agreements are enforceable under Missouri law if reasonable in scope, geographic area, and time limits to protect the Employer's legitimate business interests.

The Employee agrees not to solicit the Employer's clients or employees for a period of [Number] months following termination of employment.

The geographic scope of the non-compete agreement is limited to [Geographic Area].

15. Termination

This employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause, subject to the following:

The terminating party shall provide [Number] days' written notice to the other party.

Upon termination, the Employee will be paid all earned wages on the next regular payday following discharge or resignation, as required by Missouri law.

Option A: The Employee will receive severance pay as outlined in Exhibit C.

Option B: The Employee will not receive severance pay.

The Employee will return all company property, including code and devices, upon termination.

16. Anti-Discrimination

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, pregnancy, disability, age, religion, veteran status, or any other category protected under federal law or the Missouri Human Rights Act.

17. Workers' Compensation

The Employee is covered by the Employer's workers' compensation insurance policy, in compliance with Missouri law.

18. Dispute Resolution

Any disputes arising under this Agreement shall be resolved in the following order: internal grievance resolution, mediation, arbitration, and, if necessary, Missouri courts. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Venue for any legal proceedings shall be in [County] County, Missouri.

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

[Company Name]

By: [Company Representative Name]

Title: [Company Representative Title]

[Employee Name]

Signature: ____________________________

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