New Jersey software developer employment contract template

New Jersey Software Developer Employment Contract

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

Position and Duties

• Option A: Employee shall be employed as a Software Developer.
• Option B: Employee shall be employed as a Senior Software Developer.
• The Employee's primary responsibilities include, but are not limited to:
• Designing, developing, and maintaining software applications.
• Participating in software architecture and design discussions.
• Writing clean, efficient, and well-documented code in [Programming Languages, e.g., Java, Python].
• Testing and debugging software to ensure quality and stability.
• Contributing to DevOps processes, including continuous integration and continuous delivery.
• Utilizing version control systems such as Git.
• Conducting technical research and staying current with industry trends.
• Maintaining existing systems and responding to incidents.
• Participating in Agile/Scrum ceremonies.
• Collaborating with cross-functional teams.
• Participating in peer code reviews.

Work Location

• Option A: The Employee's primary work location will be the Employer's principal business address in New Jersey.
• Option B: The Employee's primary work location will be remote, with occasional on-site meetings as required.
• Option C: The Employee's work arrangement will be hybrid, with [Number] days per week at the Employer's principal business address in New Jersey.
• Employer will provide necessary hardware and software.
• Employee must maintain a secure internet connection and adhere to company cybersecurity policies.

Employment Type and Work Hours

• The Employee's employment is full-time.
• The standard workweek is [Number] hours per week.
• Core working hours are [Start Time] to [End Time].
• Overtime will be compensated in accordance with New Jersey law. Overtime rate will be 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
• Employee is entitled to meal and rest breaks as required by New Jersey law.
• Option A: Flexible hours are permitted subject to Employer approval.
• Option B: Flexible hours are not permitted.

Compensation

• Option A: The Employee's annual base salary is [Salary Amount], payable [Payment Frequency, e.g., bi-weekly, semi-monthly].
• Option B: The Employee's hourly wage is [Hourly Wage Amount].
• Option A: The Employee is eligible for a bonus based on [Bonus Criteria].
• Option B: The Employee is not eligible for a bonus.
• Option C: The Employee is eligible for stock options according to a separate agreement.
• All payroll deductions will be made in accordance with New Jersey law.

Benefits

• Employer will provide health, dental, and vision insurance. Details are outlined in the benefits summary.
• Employer will offer a 401(k) plan with [Employer Contribution Percentage] matching.
• The Employee is entitled to [Number] days of paid time off (PTO) per year, which includes vacation and sick days.
• The Employee is entitled to paid time off for New Jersey statutory holidays.
• The Employee is entitled to earned sick leave under the New Jersey Earned Sick Leave Law.
• Option A: The Employee will receive a commuter stipend of [Amount] per month.
• Option B: The Employee will receive a remote work stipend of [Amount] per month.
• Option C: The Employee is eligible for [Amount] per year for technical certification or continuing education.

Intellectual Property

• All code, inventions, and documentation created by the Employee within the scope of their employment belong to the Employer.
• Employee agrees to disclose all inventions to the Employer.
• Employee retains ownership of any pre-existing intellectual property disclosed to Employer.
• Employee inventions made on their own time and unrelated to Employer's business are excluded, per N.J.S.A. 34:1B-265.
• Any contribution to open-source projects requires written approval from the Employer.
• Employer retains all rights to open-source code incorporated into company products.

Confidentiality

• Employee agrees to hold all software source code, system designs, business information, and customer data confidential.
• Confidentiality obligations survive after termination of employment.
• Employee must immediately notify the Employer of any data breach or suspected security incident.

Behavioral Standards and IT Policies

• Employee must adhere to all company IT and information security policies.
• Unauthorized software downloads are prohibited.
• Employee must participate in code and security review processes.
• Employee must promptly report security vulnerabilities and software defects.
• Employee must comply with internal ticketing and communication protocols.

Outside Activities

• Option A: Moonlighting, freelance software work, or external open-source development requires written consent from the Employer.
• Option B: Moonlighting, freelance software work, or external open-source development is prohibited without written consent from the Employer.

Background and Reference Checks

Employment is contingent upon successful completion of background and reference checks as permitted by New Jersey law.

Remote Work and Company Property

• Employer may monitor remote work activities in accordance with applicable law.
• Employee is responsible for the proper care and return of all company-issued devices and software.
• Option A: Employee may use their own device (BYOD) subject to company security policies.
• Option B: Employee is not permitted to use their own device (BYOD).

Non-Solicitation

• Employee agrees not to solicit employees or customers of the Employer for a period of [Number] months after termination of employment.
• This clause is intended to be narrowly construed in accordance with New Jersey law.

At-Will Employment and Termination

The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following:

• Option A: Employee shall provide [Number] weeks' written notice of resignation.
• Option B: Employee shall provide [Number] days' written notice of resignation.
• Employer may terminate employment for cause, misconduct, or material underperformance.
• Upon termination, Employee will receive a final paycheck and paid-out accrued benefits as required by New Jersey law.

Return of Property

Upon termination, Employee must return all company-owned equipment, software, source code, and internal documentation.

Mandatory Workplace Postings

Employee acknowledges that the Employer has posted mandatory workplace notices as required by New Jersey law, including the New Jersey Law Against Discrimination, the Conscientious Employee Protection Act, and the Wage Theft Prevention Act.

Anti-Discrimination and Harassment

Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, marital status, familial status, disability, genetic information, or any other characteristic protected by law.

Employer has policies in place for reporting, investigating, and remediating harassment or bias incidents.

Accommodation

Employer will provide reasonable accommodations for religious practices and disabilities as required by New Jersey law.

Workers' Compensation and Safety

• Employee is covered by workers' compensation insurance in accordance with New Jersey law.
• Employer complies with all applicable federal OSHA and New Jersey-specific occupational safety and health regulations.
• Employer provides access to mental health resources relevant to software developer roles.

Compliance with Laws

• Employer and Employee agree to comply with all applicable state and federal labor and wage laws.
• Employer will maintain accurate personnel records and provide Employee with access to their personnel file as required by New Jersey law.

Dispute Resolution

• Any dispute arising out of or relating to this Agreement shall be resolved through good-faith negotiation and mediation prior to litigation.
• The exclusive jurisdiction for any legal action shall be the courts of New Jersey.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

Amendment

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

Severability

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

Notice

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the party at the address set forth above.

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]

Signature: ____________________________