Oklahoma software developer employment contract template
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How Oklahoma software developer employment contract Differ from Other States
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Oklahoma prohibits the enforcement of non-compete clauses for employees, including software developers, unlike some other states.
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The state mandates prompt payment of wages upon employment termination, which may have stricter deadlines than other states.
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Oklahoma law requires specific language to ensure intellectual property assignments are valid and enforceable in employment contracts.
Frequently Asked Questions (FAQ)
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Q: Are non-compete clauses enforceable in Oklahoma software developer contracts?
A: Non-compete clauses are generally not enforceable for employees in Oklahoma, including software developers.
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Q: Does Oklahoma require immediate payment of wages upon termination?
A: Yes, Oklahoma law requires most terminated employees to be paid all wages owed by the next regular payday.
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Q: How should intellectual property be handled in an Oklahoma employment contract?
A: The contract should include clear language assigning ownership of intellectual property to the employer, per Oklahoma law.
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Oklahoma Software Developer Employment Contract
This Oklahoma Software Developer Employment Contract (the “Agreement”) is made and entered into as of [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”).
Position
- The Employer hereby employs the Employee as a Software Developer.
- Responsibilities:
- Option A: The Employee's responsibilities include, but are not limited to: software architecture, coding in [List of Languages], debugging, testing, code documentation, software deployment, database design and management, version control (e.g., Git), participation in agile or scrum workflows, code review processes, DevOps/CI/CD pipeline responsibilities, collaboration with stakeholders (QA, Product, UI/UX), and adherence to secure coding guidelines.
- Option B: Refer to attached job description. (Attach job description as Exhibit A.)
Work Location
- Option A: The primary work location is [Employer Address] in Oklahoma.
- Option B: Remote Work: The Employee may work remotely, subject to the Employer’s remote work policy.
- The Employer will provide [List of hardware provided]. The Employee is responsible for returning all hardware upon termination.
- The Employee must maintain adequate network connectivity.
- Data security and privacy practices must adhere to Oklahoma-specific requirements.
- The Employee is expected to be available for collaboration during business hours aligned to Central Time Zone.
Employment Type and Hours
- The employment is full-time.
- Option A: The standard work week is 40 hours.
- Option B: The standard work week is [Number] hours.
- Core business hours are [Start Time] to [End Time].
- Overtime eligibility and calculation will follow Oklahoma law and the Fair Labor Standards Act (FLSA).
- Meal and rest breaks will comply with Oklahoma state law.
Compensation
- Option A: The annual salary is [Salary Amount].
- Option B: The hourly rate is [Hourly Rate].
- Payment frequency is [Frequency, e.g., bi-weekly] via [Method, e.g., direct deposit].
- The Employer complies with Oklahoma state minimum wage laws.
- Overtime pay will be calculated at time-and-a-half for hours worked over 40 in a workweek.
- Option A: Bonus: The Employee may be eligible for a discretionary bonus based on [Criteria, e.g., project delivery].
- Option B: Stock Options: The Employee may be granted stock options per a separate agreement and vesting schedule.
Benefits
- Health Insurance: The Employer offers health insurance meeting Oklahoma insurance mandates.
- Dental and Vision Coverage: The Employer offers dental and vision coverage.
- Retirement/401(k): The Employer offers a [Type of Plan, e.g., 401(k)] plan with [Matching details, e.g., a matching contribution].
- Paid Vacation Leave: [Number] days per year.
- Sick Leave: [Number] days per year.
- Personal Days: [Number] days per year.
- Oklahoma-Recognized State Holidays: The Employee is entitled to the Oklahoma-recognized state holidays.
- Technical Training/Certification: The Employer may provide support for technical training and professional certifications.
- Option A: Hardware/Software Allowance: The Employee will receive an allowance of [Amount] for necessary hardware and software purchases.
- Option B: Remote Work Expenses: The Employer will reimburse reasonable remote work expenses in line with Oklahoma guidelines.
Intellectual Property
- All software, documentation, inventions, and related output created within the scope of employment are the Employer’s property under Oklahoma law.
- The Employee must disclose all pre-existing inventions.
- Use of/contribution to open-source projects requires prior approval from the Employer.
- Outside work or moonlighting requires the Employer’s consent.
Confidentiality
- The Employee shall keep confidential all proprietary source code, technical know-how, business logic, client data, and trade secrets, conforming to the Oklahoma Uniform Trade Secrets Act.
- This obligation lasts beyond termination of employment.
- The Employee must return or destroy all confidential material upon termination.
Information Security
- The Employee must comply with industry-specific standards or guidelines (e.g., HIPAA or PCI-DSS if applicable).
- The Employee must adhere to secure code practices.
- The Employer may monitor company laptops/assets.
- The Employee is prohibited from introducing malicious code or security vulnerabilities.
Behavior and Performance Expectations
- The Employee must provide regular project progress reports.
- The Employee must adhere to predefined coding standards.
- The Employee must actively participate in internal tech training and knowledge-sharing.
- The Employee must comply with acceptable use and IT resource policies.
- The Employee must promptly report security incidents or suspected breaches.
- Participation in external technical communities, speaking engagements, or publication of technical materials requires prior written approval from the Employer.
Restrictive Covenants
- Oklahoma law only permits post-employment non-solicitation (prohibiting poaching of company clients and employees).
- Non-compete agreements are generally unenforceable in Oklahoma, except in limited circumstances as outlined in Oklahoma Statute Title 15 O.S. § 219A.
- This Agreement does not contain a non-compete clause.
- The Employee agrees not to solicit the Employer's clients or employees for a period of [Number] months following termination of employment.
Termination
- The employment is at-will, and either party may terminate the relationship at any time for any lawful reason.
- Option A: Written notice of termination of [Number] days is required.
- Option B: No advance written notice is required.
- Final paycheck timing and contents will comply with Oklahoma’s final wage payment statute.
- The Employee must immediately return all company assets and documentation upon termination.
Termination Procedures
- This section covers voluntary resignation, employer-initiated termination, and layoff.
- All terminations must comply with Oklahoma and federal anti-discrimination laws.
- Termination will not be based on protected categories (race, color, national origin, gender, age, religion, disability, etc.).
Dispute Resolution
- The parties will attempt to resolve any disputes through good faith negotiation.
- Option A: If negotiation fails, the parties agree to mediation.
- Option B: If negotiation fails, the parties agree to binding arbitration.
- Oklahoma law and courts will govern legal disputes.
- If arbitration is used, the Oklahoma Arbitration Act applies.
Compliance with Laws
- The Employer and Employee shall comply with all relevant Oklahoma and federal laws.
- This includes workers’ compensation insurance, OSHA requirements, and any unique Oklahoma industry regulations.
- Mandatory reporting of workplace injuries or incidents will be followed.
Anti-Harassment and Equal Opportunity
- The Employer is committed to anti-harassment, equal employment opportunity, and diversity/inclusion.
- The Employer has policies for addressing harassment or discrimination complaints.
- Mandatory annual training will be provided.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications, whether oral or written, 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: [Name of Authorized Representative]
Title: [Title]
[Employee Name]
Signature: ____________________________