New Mexico software developer employment contract template

New Mexico Software Developer Employment Contract

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

1. Position

The Employer hereby employs Employee as a full-time Software Developer.

2. Job Description

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

• Designing, developing, coding, testing, documenting, and maintaining software applications and systems.
• Utilizing programming languages such as [List Languages, e.g., Java, Python, C++], frameworks like [List Frameworks, e.g., React, Angular, Spring], and platforms like [List Platforms, e.g., AWS, Azure, Google Cloud].
• Employing project management methodologies such as Agile, Scrum, or Kanban.
• Participating in code reviews and adhering to established version control protocols (e.g., Git).
• Collaborating with cross-functional teams to ensure successful project delivery.
• Participating in build and deployment processes.
• Complying with internal cybersecurity standards to protect company and client data.
• Participating in ongoing security training as mandated by the company.

3. Work Location

Option A: The Employee's primary work location shall be [New Mexico Address].

Option B: The Employee will work remotely, subject to the Employer’s remote work policy, adhering to New Mexico Remote Work Policy best practices if applicable. Employee is responsible for providing a secure internet connection and maintaining a professional work environment.

• Hardware and software requirements: [List Requirements]
• Security measures (VPN, encryption): [Specify Measures]
• Company policies for handling confidential data offsite: [Outline Policies]

4. Employment Type and Hours

This is a full-time, regular employment position.

The Employee's regular work schedule will be [Number] hours per week, generally Monday through Friday.

Option A: Overtime is not authorized unless expressly approved in advance by the Employee's supervisor. Overtime will be compensated according to New Mexico law.

Option B: Employee is exempt from overtime pay.

The Employee will be entitled to rest and meal breaks as required by the New Mexico Minimum Wage Act.

5. Compensation

Option A: The Employer shall pay the Employee a salary of [Salary Amount] per year, payable [Payment Frequency, e.g., bi-weekly].

Option B: The Employer shall pay the Employee an hourly wage of [Hourly Wage], payable [Payment Frequency, e.g., bi-weekly].

The Employee may be eligible for bonuses, commissions, profit-sharing, stock options, or other incentives as determined by the Employer. Details regarding eligibility and structure will be provided separately. Examples include:

• Project completion bonuses: [Bonus Details]
• Patent awards: [Award Details]
• Technical certifications: [Incentive Details]

The Employee's performance and compensation will be reviewed periodically, typically [Review Frequency, e.g., annually].

6. Benefits

The Employee will be eligible for benefits, including health insurance, paid time off (vacation, sick leave, and personal leave as per the New Mexico Healthy Workplaces Act), holiday pay (including state recognized holidays), dental and vision insurance, disability and life insurance, retirement savings plans, parental or caregiver leave as per New Mexico statutes, tuition reimbursement, continuing education stipends, technical certification support, professional association memberships, and technology or remote work stipends. Benefit offerings comply with prevailing New Mexico regulations and local industry standards. Detailed information regarding specific benefits will be provided separately.

7. Intellectual Property

The Employee agrees that all inventions, code, software, documentation, or other developments created during employment (and related to the company's business) are the sole and exclusive property of the Employer. Employee will promptly disclose all such inventions to the Employer. This includes work done on the Employee’s own time but using Company resources, except as per New Mexico law regarding inventions developed entirely on one's own time with one's own resources and not related to the employer's business.

8. Confidentiality

The Employee agrees to hold confidential all proprietary information of the Employer, including trade secrets, algorithms, client/vendor data, source code, technical documentation, and processes. This obligation extends both during and after employment, in accordance with the New Mexico Uniform Trade Secrets Act.

Option A: Employee requires pre-approval for participation in open-source projects.

Option B: Employee does not require pre-approval for participation in open-source projects, provided such participation does not conflict with the company’s interests.

9. Non-Solicitation and Non-Competition

Option A: Non-solicitation: During employment and for a period of [Number] months following termination of employment, the Employee agrees not to solicit any employees, customers, or vendors of the Employer.

Option B: Non-compete: During employment and for a period of [Number] months following termination of employment, within a [Geographic Radius] radius of [City, State], the Employee agrees not to engage in any business that directly competes with the Employer's business. This clause is subject to New Mexico law and will be narrowly construed.

Option C: No Non-Solicitation or Non-Competition clauses apply.

10. At-Will Employment

The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable New Mexico law.

Option A: Notice period: [Number] days written notice is required for voluntary resignation.

Option B: No notice period is required for voluntary resignation.

11. Termination

Termination may occur due to:

• Voluntary resignation by the Employee.
• Involuntary discharge by the Employer (for cause or without cause).
• Reductions in force or layoffs.

Final compensation will be paid in accordance with New Mexico Department of Workforce Solutions requirements. Accrued but unused PTO will be handled as required by New Mexico statute. The Employee will return all company property upon termination.

Option A: Severance pay will be provided according to the Employer’s severance policy.

Option B: No severance pay will be provided.

12. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved first through good faith negotiation. If negotiation fails, the parties agree to attempt mediation and/or binding arbitration in [City, New Mexico], under New Mexico law.

13. Workers' Compensation

The Employee is covered by the Employer's workers' compensation insurance, as required by the New Mexico Workers' Compensation Act. The Employee will be provided with notice of rights and procedures in case of injury during work.

14. Anti-Discrimination and Anti-Harassment

The Employer is committed to providing a workplace free of discrimination and harassment, in compliance with the New Mexico Human Rights Act. This policy covers all protected categories, including race, color, national origin, sex, gender identity, sexual orientation, disability, age, religion, spousal affiliation, and pregnancy.

15. Background Checks

Option A: The Employee's employment is contingent upon a satisfactory background check, conducted in compliance with New Mexico's “Ban the Box” law.

Option B: No background check is required.

16. IT Policies

The Employee agrees to adhere to the Employer's IT policies, including restrictions on installing unauthorized software, guidelines for use of personal and company devices, remote access restrictions, password policies, and incident reporting for suspected data breaches, in accordance with New Mexico’s Data Breach Notification Act.

17. Reporting and Conduct

The Employee is required to provide regular status/progress reports, participate in company-approved technical forums, and maintain professional conduct online and offline.

18. Modification

The Employer reserves the right to make reasonable changes to the Employee's job duties and schedule, consistent with New Mexico law.

19. Cooperation

The Employee agrees to cooperate in any legal proceedings or investigations involving the Employer.

20. Entire Agreement

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

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

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Name]

[Employee Signature]