Nebraska software developer employment contract template
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How Nebraska software developer employment contract Differ from Other States
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Nebraska enforces employment-at-will, but with specific public policy exceptions that can affect software developer termination clauses.
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Non-compete agreements in Nebraska are narrowly enforced and must be reasonable in scope and duration to be valid.
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Intellectual property ownership provisions may be influenced by Nebraska’s state-specific interpretations of employee inventions.
Frequently Asked Questions (FAQ)
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Q: Are non-compete clauses enforceable in Nebraska software developer contracts?
A: Yes, but non-compete clauses are enforced only if they are reasonable in geographic scope, duration, and protect legitimate business interests.
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Q: Is Nebraska an at-will employment state for software developers?
A: Yes, employment in Nebraska is generally at-will, meaning either party can terminate the relationship at any time without cause.
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Q: Who owns the software developed by an employee in Nebraska?
A: Ownership typically depends on the contract terms, but Nebraska law may recognize employer ownership if development occurs within employment duties.
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Nebraska Software Developer Employment Contract
This Nebraska Software Developer Employment Contract (the "Agreement") is made and effective as of [Date], by and between [Employer Legal Name], a [State] corporation with a principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").
1. Position and Duties
- Option A: The Employer hires the Employee as a Software Developer.
- Option B: The Employer hires the Employee as a Senior Software Developer.
- Option C: The Employer hires the Employee as a Lead Software Developer.
The Employee will perform the following duties:
- Requirement analysis.
- Software architecture and design.
- Coding in [Programming Language(s)].
- Debugging, software testing (unit, integration, user acceptance).
- System optimization, deployment, maintenance.
- Documentation (including code comments, technical/user manuals).
- Participation in code reviews.
- Management of code repositories (e.g., Git).
- Adherence to SDLC or agile methodologies (such as Scrum or Kanban).
- Secure development practices, compliance with IT/internal controls.
- Collaboration across teams, including regular stand-ups and technical meetings.
- Other duties as reasonably assigned.
The Employee will report directly to [Reporting Manager Title].
Performance will be measured by:
- Code quality.
- Ticket resolution rate.
- Sprint velocity.
- Other [Specify Performance Metrics].
2. Work Location and Equipment
- Option A: The primary work location is [Employer Address] in Nebraska.
- Option B: The Employee will work remotely with occasional visits to [Employer Address].
- Option C: Hybrid work arrangement: [Specify Days in Office/Remote].
The Employer will provide the necessary equipment, including a workstation, software licenses, and security tokens.
The Employee must adhere to all data security protocols for remote access and client data handling.
3. Employment Type and Work Hours
- Option A: The Employee is a full-time exempt employee.
- Option B: The Employee is a full-time non-exempt employee.
The standard work week is [Number] hours per week.
Standard work hours are [Start Time] to [End Time], Monday through Friday.
- Option A: Flexible schedules are permitted with prior approval from [Reporting Manager].
- Option B: Flexible schedules are not permitted.
Break and meal policies will adhere to Nebraska statutes. Overtime, if applicable, will be paid at a rate of 1.5 times the regular hourly rate, consistent with federal FLSA and Nebraska law.
4. Compensation and Benefits
- Option A: The Employee will receive an annual salary of [Salary Amount], paid [Payment Schedule, e.g., biweekly] via [Payment Method, e.g., direct deposit].
- Option B: The Employee will receive an hourly wage of [Hourly Wage], paid [Payment Schedule, e.g., biweekly] via [Payment Method, e.g., direct deposit].
- Option A: The Employee is eligible for a bonus of [Bonus Percentage or Amount] based on [Bonus Criteria].
- Option B: The Employee is not eligible for a bonus.
- Option A: The Employee is eligible for stock options/profit sharing as per the company's plan.
- Option B: The Employee is not eligible for stock options/profit sharing.
The Employee's performance and compensation will be reviewed annually.
The Employee is eligible for the following benefits:
- Medical, dental, and vision insurance.
- Employer contributions to [Retirement Plan, e.g., 401(k)].
- Life and disability insurance.
- Paid time off (vacation and sick leave).
- Bereavement and family leave.
- Nebraska state-recognized holidays.
- Remote work allowance (if applicable).
- Software/conference/training reimbursement up to [Amount].
- Eligibility for tuition or certification stipends as per policy.
5. Intellectual Property
All inventions, code, algorithms, data models, technical documentation, and derivative works created by the Employee during the course of employment are assigned to the Employer.
- Option A: Use of open-source software requires pre-approval. All open-source software usage must comply with company policy.
- Option B: Open-source software is prohibited without explicit written consent.
The Employer owns all rights to patents or trade secrets developed during work, in compliance with the Nebraska Trade Secrets Act (Neb. Rev. Stat. §87-501 et seq.).
6. Confidentiality and Data Protection
The Employee will maintain the confidentiality of the Employer's proprietary code, business information, third-party data, and customer information. This obligation survives termination of employment.
- Option A: The confidentiality obligation extends indefinitely.
- Option B: The confidentiality obligation extends for [Number] years after termination.
The Employee must adhere to all IT/security policies and software usage protocols, and is prohibited from unauthorized software uploads/downloads and external data transfers. The Employee must immediately report any suspected cyber incidents.
7. Restrictive Covenants
The Employee agrees to the following restrictive covenants, which are narrowly tailored and reasonable to protect the Employer's legitimate business interests, subject to Nebraska law:
- Non-Solicitation: The Employee will not solicit the Employer's clients or employees for a period of [Number] months after termination.
- Confidentiality Protection: The Employee will not disclose or use the Employer's confidential information or trade secrets.
- Option A: A non-compete agreement is not included in this contract.
- Option B: A non-compete is included which must be reasonable in duration and geographical scope under current Nebraska case law.
8. Exclusivity and Outside Employment
- Option A: The Employee will not be concurrently employed by a direct competitor of the Employer without prior written consent.
- Option B: The Employee may engage in side projects with Employer approval, provided they do not compete with the Employer's business. Open-source/portfolio work requires consent when not competitive.
- Option C: The employee is free to engage in outside employment so long as it does not interfere with their job performance.
9. Termination
Employment is at-will, subject to Nebraska law.
- Option A: The Employer may terminate the Employee's employment with or without cause.
- Option B: The Employee may resign with [Number] days' written notice.
Final pay will be provided according to Nebraska wage payment statutes (Neb. Rev. Stat. §48-1230). Accrued PTO will be handled as per company policy. Employer-issued hardware/software must be returned upon termination. System access will be disabled immediately.
- Option A: In the event of a layoff, the Employee will be eligible for severance as per company policy.
- Option B: In the event of a layoff, the Employee will not be eligible for severance.
10. Anti-Discrimination and Non-Harassment
The Employer prohibits discrimination and harassment based on race, color, religion, sex, disability, marital status, and any other protected category under Nebraska and federal law. The Employer complies with the Nebraska Equal Opportunity Commission (Neb. Rev. Stat. §§48-1101 et seq.) and Title VII of the Civil Rights Act of 1964.
11. Background and Reference Checks
The Employee consents to periodic background and reference checks as permitted by Nebraska employment law.
The Employee confirms that they are legally authorized to work in the United States.
12. Dispute Resolution
Any disputes arising out of this Agreement will be resolved through internal resolution, then mediation or non-binding arbitration within Nebraska before litigation. Nebraska law and the courts of [County Name] County, Nebraska, govern this Agreement.
13. Workers' Compensation and Workplace Safety
The Employee is covered under the Nebraska Workers' Compensation Act (Neb. Rev. Stat. §48-101). The Employer provides a safe workplace and reasonable accommodations. Resources for mental health and stress mitigation are available to employees.
14. Adaptability, Integration, and Severability
The Employer may modify the terms of this contract subject to company policy changes and applicable law. This Agreement constitutes the entire agreement between the parties. If any provision is deemed invalid, the remaining provisions remain in effect.
15. Electronic Signatures
Electronic signatures are permitted and have the same force and effect as original signatures.
16. Incorporated Documents
This Agreement incorporates by reference the Employer's employee handbook and standard operating procedures.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
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[Employer Representative Name], [Employer Representative Title]
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[Employee Full Legal Name]