North Carolina software developer employment contract template

North Carolina Software Developer Employment Contract

This North Carolina 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 Full Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”

1. Employment

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

2. Job Duties

The Employee's job duties shall include, but not be limited to:

• Software requirements analysis
• System and architecture design
• Coding
• Debugging
• Unit, integration, and automated testing
• Source code documentation
• Maintenance
• Implementation of security best practices
• Participation in design and code reviews
• Use of configuration management and version control systems
• Continuous integration and continuous deployment processes
• Other duties as assigned by the Employer.

3. Required Technologies and Methodologies

The Employee will be required to utilize the following technologies and methodologies:

• Programming Languages: [List programming languages, e.g., Java, Python, C++]
• Development Stacks: [Specify development stacks, e.g., MEAN, MERN, .NET]
• IDEs: [Specify IDEs, e.g., Visual Studio, IntelliJ IDEA, Eclipse]
• Frameworks: [Specify frameworks, e.g., React, Angular, Spring]
• Code Repositories: [Specify code repositories, e.g., Git, GitHub, GitLab]
• Company-Specific Technology: [Describe any company-specific technology]
• Agile or similar development methodologies, including mandatory stand-ups, sprint reviews, and cross-functional teamwork.

4. Work Location and Remote Work

Option A: The Employee's primary work location shall be [Employer Address/Specific Building & Office Number], located in [City, North Carolina].

Option B: The Employee will be permitted to work remotely, subject to the Employer's remote work policy. The remote work location shall be [Employee Address]. The Employer reserves the right to require the Employee to attend meetings or work onsite as needed.

Option C: Hybrid. Employee will work both remotely and at the office, as specified by the Employer.

The Employer is responsible for providing and maintaining development equipment, remote access protocols, and codebase security measures.

5. Employment Type and FLSA Status

The Employee's employment is full-time.

Option A: The Employee is exempt from the Fair Labor Standards Act (FLSA).

Option B: The Employee is non-exempt from the Fair Labor Standards Act (FLSA).

The standard work week is [Number] hours. Overtime will be compensated in accordance with applicable law and company policy.

6. Compensation

Option A: The Employee's annual salary shall be [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].

Option B: The Employee's hourly wage shall be [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].

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

The Employee is eligible for [Merit/Performance Bonus/Profit Sharing/Equity Grants/Project-Specific Incentives] as determined by the Employer's policies.

7. Benefits

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

• Health Insurance
• Dental Insurance
• Vision Insurance
• Short-Term Disability Insurance
• Long-Term Disability Insurance
• Life Insurance
• Retirement/Pension/401(k) Plan
• Paid Time Off (Vacation, Sick, and Holidays): [Specify details of PTO policy, including the number of days for each category and list of holidays]
• Technical Training
• Reimbursement for Professional Certifications/Licenses: [Describe reimbursement policy]
• Relocation or Remote Work Stipend (if applicable): [Specify details]
• Continuing Education Opportunities in Software Development: [Specify details]

8. Intellectual Property

All inventions, code, algorithms, documentation, and other work products developed by the Employee within the scope of their employment or using company resources shall be the sole property of the Employer, in accordance with North Carolina law (§ 66‑57.1).

The Employee agrees to assign all rights, title, and interest in such intellectual property to the Employer.

This includes source code, algorithms, trade secrets, and customer information.

The Employee will comply with all applicable open-source license policies.

Prior written approval from the Employer is required for any contributions to external projects or publication of code.

9. Confidentiality

The Employee acknowledges that they will have access to confidential and proprietary information of the Employer.

The Employee agrees to maintain the confidentiality of such information and not to disclose it to any third party, both during and after employment, in accordance with North Carolina’s Uniform Trade Secrets Protection Act.

10. Information Security

The Employee shall comply with the Employer's information security and IT acceptable use policies, including restrictions on personal software/hardware use, cloud storage, code transfer, device security, and incident reporting.

The Employer requires regular code reviews, mandatory security audits, and adherence to secure development life cycle (SDLC) standards.

11. Performance Expectations

The Employee is expected to adhere to coding standards, commit code frequently, participate in on-call rotation or incident management if required, report development progress regularly, and comply with bug ticketing protocols.

12. Equal Opportunity Employment

The Employer is an equal opportunity employer and complies with the North Carolina Equal Employment Practices Act.

The Employer prohibits discrimination based on race, color, national origin, religion, sex, age, disability, and genetic information. The Employer also provides a workplace free from harassment.

13. At-Will Employment

The Employee's employment is at-will, as recognized under North Carolina law.

This means that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to the terms outlined in this agreement.

14. Termination

In the event of termination, the Employer will provide [Number] days' notice, or pay in lieu of notice, subject to applicable law.

The Employer shall adhere to its established disciplinary processes, including documentation and progressive discipline.

Upon termination, the Employee shall return all employer property and delete company data from personal devices. The employer will provide a final wage payment in accordance with the North Carolina Wage and Hour Act.

Option A: Severance pay will be provided as determined by company policy.

Option B: No severance pay will be provided.

15. Non-Competition, Non-Solicitation, and Non-Disclosure

Option A: (Non-compete clause) During the term of employment and for a period of [Number] months following the termination of employment, the Employee shall not, directly or indirectly, engage in any business that competes with the Employer within a [Geographic Area, e.g., 50-mile radius of Charlotte, NC]. This clause is carefully tailored to be reasonable in geographic scope, duration, and protectable interest in accordance with North Carolina doctrine.

Option B: (Non-solicitation clause) During the term of employment and for a period of [Number] months following the termination of employment, the Employee shall not solicit any employees, customers, or suppliers of the Employer.

Option C: (Non-disclosure clause) The Employee agrees to maintain the confidentiality of the Employer's trade secrets and confidential information indefinitely.

Option D: No Non-Competition, Non-Solicitation, and Non-Disclosure agreement is included.

16. Inventions Assignment Agreement

The Employee agrees to execute a separate Inventions Assignment Agreement, which will govern the ownership of any inventions or intellectual property created during the course of their employment, consistent with North Carolina law.

17. Worker's Compensation and Workplace Safety

The Employer will provide worker's compensation insurance as required by the North Carolina Workers' Compensation Act.

The Employer will provide reasonable workplace accommodations for disabilities in accordance with state and federal law.

18. Dispute Resolution

The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

If negotiation fails, the parties agree to submit to [Mediation/Arbitration] in [City, North Carolina].

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. The venue for any legal action shall be [County, North Carolina].

19. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed to be duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

20. Acknowledgement

The Employee acknowledges that they have been given the opportunity to review this Agreement with legal counsel prior to signing.

21. Software Vulnerability Disclosures

The Employee is required to adhere to the Employer's policies regarding the notification and management of software vulnerability disclosures, bug bounties, and security incident reporting.

22. Out-of-State Telecommuting

Option A: The employee is not permitted to work from locations outside of North Carolina without express written consent from the Employer.

Option B: The employee is permitted to work from [Specify States] with the prior written consent from the employer, and will be subject to all applicable tax residency and labor laws.

23. Updates to Company Policies

The Employer may update its policies from time to time. The Employee will be notified of any changes and will be required to acknowledge receipt and understanding of the updated policies.

24. Whistleblower Complaints

The Employer has a process for handling whistleblower complaints. The Employee is encouraged to report any concerns about illegal or unethical conduct.

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

____________________________

[Employer Legal Name]

By: ____________________________

[Employer Representative Name]

[Employer Representative Title]

____________________________

[Employee Full Legal Name]