New York software developer employment contract template

New York Full-Time Software Developer Employment Contract

This New York Full-Time Software Developer Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], hereinafter referred to as "Employer," and [Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

WHEREAS, Employer desires to employ Employee as a Software Developer; and

WHEREAS, Employee desires to be employed by Employer as a Software Developer.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Employment

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

2. Position and Duties

The Employee shall serve as a Software Developer and shall perform the following duties:

• Software design, development, troubleshooting, testing, deployment, and system integration.
• Technical documentation and coding standards compliance (e.g., adherence to industry protocols, privacy-by-design practices).
• Operation and maintenance of specialized software tools.
• Participation in agile development, scrum, sprint planning, code review cycles, and version control best practices.
• Cross-functional teamwork, code contribution, and peer review.

Specific Programming Languages/Technical Stacks/Platforms: The employee is expected to be proficient in [Programming Language(s)], [Technical Stack(s)], and [Cloud Platform(s)]. The development environment will include [Development Environment Details].

Reporting Structure: The Employee will report directly to [Supervisor Title/Name].

3. Work Location and Remote Work

Primary Work Location: The Employee's primary work location shall be [Employer Address in New York].

Remote Work Arrangement:

• Option A: No remote work is permitted under this Agreement.
• Option B: Remote work is permitted according to the Employer's Remote Work Policy, as amended from time to time. Specific terms are: [Specific Remote Work Terms, e.g., days per week, required equipment].
• Option C: Hybrid work arrangement. [Specific Hybrid Work Terms, e.g., 3 days in office, 2 days remote].

Hardware and Security: All employer-furnished hardware must be returned upon termination. Employee is required to adhere to Employer's cybersecurity measures, including encryption, VPN usage, and MFA requirements. Secure data access protocols must be followed in compliance with New York data privacy regulations.

4. Term and At-Will Employment

The term of employment shall commence on [Start Date] and shall continue until terminated as provided herein.

Employment at Will: The Employee’s employment with the Employer is "at will," meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause and with or without notice, subject to the notice provisions outlined below. This provision shall be interpreted in accordance with New York law.

5. Compensation

Base Salary/Wage: The Employer shall pay the Employee a base [Salary/Wage] of [Dollar Amount] [Annually/Hourly], payable [Frequency, e.g., bi-weekly].

Disbursement Method: Payment will be made via [Direct Deposit/Check].

Bonus:

• Option A: Employee is not eligible for a bonus.
• Option B: Employee is eligible for an annual bonus based on performance, as determined by Employer, with a target bonus of [Percentage]% of base salary. Specific performance metrics are: [Performance Metrics].
• Option C: Employee is eligible for [Type of Bonus, e.g., quarterly, project completion] bonuses as determined by employer discretion.

6. Benefits

The Employee shall be eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

• Health Insurance: [Health Insurance Details, e.g., Medical, Dental, Vision Coverage].
• Retirement Plan: [Retirement Plan Details, e.g., 401(k) with matching contributions].
• Paid Time Off: [PTO Details, e.g., Vacation, Sick Leave, Holidays]. Accrual rates for vacation and sick leave are per Employer policy and compliant with NY State and City regulations.
• Other Benefits: [Other Benefits, e.g., Remote Working Stipend, Commuter Benefits, Training/Certification Reimbursement].

7. Intellectual Property

All software, source code, inventions, documentation, processes, and any technical asset created by the Employee within the scope of employment shall be the sole and exclusive property of the Employer. This assignment is made in accordance with New York statutory and case law.

Open Source Contributions:

• Option A: Employee is prohibited from contributing to open-source projects using Employer resources or during work hours without prior written approval.
• Option B: Employee may contribute to open-source projects with prior written approval, provided such contributions do not compromise Employer's proprietary information.

Third party code will adhere to licensing terms.

8. Confidentiality

The Employee shall maintain the confidentiality of all proprietary business information, source code, databases, test results, internal tools, algorithms, client data, and other trade secrets of the Employer. This obligation shall survive termination of employment and is governed by the New York Uniform Trade Secrets Act.

The Employee shall not use, disclose, or distribute any confidential information without the Employer's prior written consent.

9. Outside Activities

The Employee shall obtain written approval from the Employer before participating in any external technical events, hackathons, or online communities if such involvement pertains to the Employer's business interests or uses company resources.

10. Conduct and Compliance

The Employee shall adhere to all Employer-mandated IT security protocols, including regular password changes, system updates, and prohibition on unauthorized software installation. The Employee shall report any data breaches or security incidents immediately.

The Employee shall complete periodic compliance trainings as required by the Employer.

The Employee shall maintain accurate and up-to-date technical documentation.

11. Non-Solicitation

The Employee shall not solicit any of the Employer's clients, customers, or fellow employees during the term of employment and for a period of [Number] months/years after termination of employment.

12. Termination

Resignation: The Employee shall provide the Employer with [Number] weeks' written notice of resignation.

Termination by Employer: The Employer may terminate the Employee's employment at any time, subject to applicable law and Employer policy.

Return of Property: Upon termination, the Employee shall return all Employer property and securely delete/transfer source code and sensitive data.

13. Dispute Resolution

The parties agree to first attempt to resolve any disputes arising out of or relating to this Agreement through internal resolution and escalation.

If internal resolution is unsuccessful, the parties agree to participate in mediation.

If mediation is unsuccessful, the parties agree to submit to binding arbitration in [City, New York]. Any litigation shall take place under New York state and federal law and courts within the county of employment.

14. Compliance with Laws

Wage Payment: The Employer shall comply with all applicable provisions of the New York State Wage Theft Prevention Act, including providing required wage notices and pay statements.

Anti-Discrimination/Harassment: The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity or expression, marital status, veteran status, or any other characteristic protected by law. The Employer maintains an anti-harassment policy aligned with NY State and New York City human rights laws, including mandatory annual sexual harassment training.

15. Health and Safety

The Employer shall comply with all applicable workplace health and safety laws and regulations in New York, including providing workers' compensation and short-term disability coverage.

16. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

17. Amendment

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

18. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

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: ____________________________

Date: [Date]