New Hampshire software developer employment contract template

New Hampshire Software Developer Employment Contract

This New Hampshire Software Developer Employment Contract (the “Agreement”) is made and entered into as of [Date] by and between [Company Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Company Address] (“Company”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position

• The Company hires the Employee as a Software Developer.
• Option A: The Employee will report directly to [Supervisor Name], [Supervisor Title].
• Option B: The Employee will report to the [Department Name] and work collaboratively with team members using [Collaboration Tools, e.g., Slack, Microsoft Teams].
• Option C: Specify other reporting relationships: [Specify Reporting Relationship].
• Core Duties:
  • Requirements analysis and software design.
  • Developing and programming software using [Programming Languages, e.g., Java, Python, C++], frameworks such as [Frameworks, e.g., React, Angular, Spring], and tools like [Tools, e.g., IntelliJ, VS Code, Git].
  • Debugging, troubleshooting, and unit/integration testing.
  • Software documentation.
  • Continuous integration and deployment (CI/CD).
  • Source code/version control using [Version Control System, e.g., Git].
  • Participating in code reviews.
  • Involvement in Agile project methodologies.
  • Adherence to secure coding practices.
  • Participation in DevOps workflows.
  • Collaborative development responsibilities.
  • [Optional] Mentoring or training junior developers.
  • Maintaining up-to-date technical knowledge.
  • Staying current with relevant compliance standards, e.g., [Compliance Standards, e.g., HIPAA, PCI DSS].

2. Work Location

• The Employee’s primary work location is within the State of New Hampshire.
• Option A: The primary work location is [Company Address].
• Option B: Remote work is permitted subject to the Company’s Remote Work Policy. Employee must comply with all New Hampshire wage, hour, and tax laws.
  • Equipment:
    • The Company will provide the necessary equipment for remote work.
    • The Employee is responsible for maintaining a secure remote work environment and complying with Company data/cybersecurity standards.
  • Technical Support: [Describe Technical Support Procedures].
  • Data/Cybersecurity: The employee must adhere to the company's cybersecurity standards, including secure remote access and encryption practices.

3. Employment Status & Work Schedule

• This is a full-time employment position.
• Option A: The standard work schedule is [Number] hours per week, [Days of the Week], from [Start Time] to [End Time].
• Option B: Weekly schedule is flexible and determined by project requirements. Core hours are [Core Hours].
• Overtime:
  • Salaried Exempt: As an exempt employee, overtime is not generally compensated, subject to FLSA standards.
  • Salaried Non-Exempt: Overtime will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by federal and New Hampshire law.
  • Hourly: Overtime will be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by federal and New Hampshire law.

4. Compensation

• The Employee’s base annual salary is [Amount], payable [Payment Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].
• Option A: Performance-based bonus: The Employee is eligible for a performance-based bonus, details of which are outlined in Exhibit A.
  • The bonus will be based on [Performance Metrics, e.g., meeting milestones, shipping features, code quality metrics].
• Option B: Equity/Stock Options: The Employee may be granted stock options, subject to the terms of the Company’s equity incentive plan.

5. Benefits

• The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable plans:
  • Health, dental, and vision insurance.
  • 401(k) or retirement plan.
  • Paid time off (PTO), including vacation, sick leave (company policy: [Number] days per year), and personal days.
  • Company-recognized holidays.
  • Option A: Remote Work Stipend: The employee is eligible for a remote work stipend of [Amount] per [Frequency].
  • Option B: Technical Training Allowance: The Employee is eligible for a [Amount] per year allowance for technical training.
  • Option C: Certification Reimbursement: The Company will reimburse for relevant certifications, subject to [Conditions, e.g., successful completion, pre-approval].
  • Option D: Tuition/Professional Development Funding: The Employee is eligible for tuition and professional development funding, as specified in company policy.
• Workplace Injury/Workers’ Compensation Insurance: The company will provide appropriate workplace injury and workers’ compensation insurance as required by New Hampshire law.
• Unemployment Insurance: The Company participates in the New Hampshire Unemployment Compensation System as required by NH RSA 275:50.

6. Intellectual Property

• All intellectual property (inventions, code, algorithms, documentation, etc.) produced by the Employee within the scope of employment, on company time, or using company resources is the sole property of the Company.
• Use of open-source software/components requires prior written approval from the Company.
• The Employee agrees to assign all rights, title, and interest in such intellectual property to the Company.
• This is considered a “work-for-hire” agreement as defined by New Hampshire and federal law.
• Option A: Employee will notify company of any pre-existing inventions that may affect work under this agreement.
• Policy on incidental inventions: [Specify Policy].

7. Confidentiality

• The Employee agrees to hold confidential all proprietary information, including code, client data, business logic, technical documentation, trade secrets, system security information, and resource allocation.
• This obligation extends beyond the termination of employment.
• The Employee shall not distribute, reverse engineer, or use company software without authorization.
• Participation in external technical or open-source projects requires prior written consent from the Company.

8. IT and Cybersecurity Policy

• The Employee shall adhere to the Company's IT and cybersecurity policies, including password practices, use of company devices, acceptable use of software/hardware, antivirus and patching, and reporting security incidents.
• [Specify detailed cybersecurity requirements].

9. Code of Conduct

• The Employee shall adhere to the Company’s Code of Conduct, including standards for professional communication, collaboration, progress reports, code reviews, coding standards, and security improvement initiatives.
• [Reference company's code of conduct document].

10. Non-Discrimination

• The Company prohibits discrimination or harassment based on race, color, religion, sex, sexual orientation, marital status, age, disability, veteran status, or any other protected category under New Hampshire and federal law.
• The Employee is expected to comply with the Company’s diversity and inclusion policies.
• [Specify reporting and resolution procedure for discrimination].

11. Non-Solicitation

• The Employee agrees not to solicit the Company’s clients or employees during and for a period of [Number] months after termination of employment.
• [Define scope of non-solicitation more specifically].

12. Non-Compete

• Option A: The Company does not require a non-compete agreement as a condition of employment.
• Option B: *See Note*: Due to NH RSA 275:70, this Non-Compete clause must be provided *prior* to extending a job offer.
  • The Employee agrees not to engage in any business activities that directly compete with the Company within a [Geographic Area] for a period of [Number] months after termination of employment.
  • This restriction applies to [Specific Activities].
  • Employee will be given [Number] weeks written notice prior to enforcing the non-compete clause.
  • [Clearly specify intended restrictions and limitations, being mindful of New Hampshire law].

13. At-Will Employment

• Employment is at-will, meaning either the Employee or the Company may terminate the employment relationship at any time, with or without cause or notice, subject to the notice period specified below. This does not modify the employee's rights or obligations under any other provision of this agreement.
• Option A: Resignation Notice: The Employee agrees to provide [Number] weeks written notice of resignation.
• Option B: Termination Procedures: [Specify Company-specific termination procedures].
• Upon termination, the Employee shall return all company equipment and intellectual property.
• The final paycheck will be issued within 72 hours of termination, as required by NH RSA 275:44.
• Handling of accrued but unused leave: [Specify policy].
• Severance: [Specify if any].
• COBRA/Continuation of Benefits: The Employee will be provided with information regarding COBRA and continuation of benefits.

14. Grounds for Immediate Dismissal

The Company may terminate the Employee’s employment immediately for cause, including but not limited to: data breach, IP theft, gross misconduct in code repository, violation of open-source disclosure rules, or other material breach of this Agreement.

15. Termination Procedures

Upon termination, the Employee shall complete work product handover, final code check-in, and transfer of credentials/repository access.

16. Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through good faith discussion, followed by [Mediation/Arbitration/Court].
• Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
• Venue: Any legal action shall be brought in the state or federal courts located in [County] County, New Hampshire.

17. Background Checks & Eligibility

• This offer is contingent upon successful completion of background and reference checks.
• The Employee must provide documentation demonstrating eligibility to work in the United States (I-9 verification).
• [Specify any industry or government security clearance requirements].

18. Compliance with Laws

The Employee shall comply with all applicable federal, state, and local laws and regulations, including [Specify relevant regulations, e.g., HIPAA, FERPA].

19. Occupational Safety and Health

The Employee acknowledges and agrees to adhere to all New Hampshire and federal occupational safety and health requirements, including ergonomic standards.

[Specify company's approach to remote work safety].

20. Required Notices

The Company will provide required notices and postings as per New Hampshire Department of Labor and US Department of Labor statutes.

21. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

22. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Secondary Employment

• Option A: The Employee is free to engage in secondary employment, provided it does not conflict with the Employee’s duties to the Company.
• Option B: Secondary employment requires prior written approval from the company: [Specify conditions].

24. Acknowledgment of Company Policies

The Employee acknowledges receipt of and agrees to adhere to all Company policies, including IT, HR, security, and code of conduct policies, as in effect and as amended.

25. Exhibits

• Exhibit A: Job Description
• Exhibit B: Compensation and Bonus Plan Schedule
• Exhibit C: Benefits Summary
• Exhibit D: [Any required State-specific Employee Notices or Acknowledgments]

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

[Company Name]

By: [Name]

Title: [Title]

[Employee Name]

Signature:

Date: