South Carolina software developer employment contract template

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How South Carolina software developer employment contract Differ from Other States

  1. South Carolina enforces non-compete agreements narrowly, requiring clear, specific restrictions and reasonable geographic and time limitations.

  2. South Carolina is an at-will employment state, but employers may establish contract terms that modify or limit at-will termination rights.

  3. State law does not mandate paid sick leave or vacation benefits, so developers’ contracts often explicitly outline all provided benefits.

Frequently Asked Questions (FAQ)

  • Q: Is non-compete enforcement strict in South Carolina software developer contracts?

    A: No, only reasonable and specifically limited non-compete clauses are generally enforced by South Carolina courts.

  • Q: Do South Carolina contracts need to be in writing to be valid?

    A: While not required, a written contract is always recommended to clarify terms, conditions, and the employment relationship.

  • Q: Are employers required to provide specific benefits in South Carolina?

    A: No, most benefits are at the employer’s discretion and should be detailed in the contract to avoid misunderstandings.

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South Carolina Software Developer Employment Agreement

This South Carolina Software Developer Employment Agreement (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] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position

Option A: Software Developer Employee is hired as a Software Developer and will report to [Manager Name/Title]. Primary duties include software architecture, coding, testing, debugging, refactoring, technical documentation, code review, deployment, DevOps tasks, maintenance, version control (using [e.g., Git]), collaboration using [e.g., Jira], and participation in [e.g., Agile/Scrum] methodologies.

Option B: Senior Software Developer Employee is hired as a Senior Software Developer and will report to [Manager Name/Title]. Primary duties include those described above, with additional responsibilities for mentoring junior developers and leading technical projects.

2. Technical Skills

Option A: Required Skills Employee must be proficient in [List of programming languages, e.g., Java, Python, JavaScript], frameworks [e.g., React, Angular, Spring], platforms [e.g., AWS, Azure, GCP], and development environments. Expectations include API design, database integration, and adherence to cybersecurity best practices relevant to [Industry, e.g., healthcare, manufacturing] in South Carolina.

Option B: Desired Skills Employee will be expected to learn and utilize [List of programming languages, e.g., Java, Python, JavaScript], frameworks [e.g., React, Angular, Spring], platforms [e.g., AWS, Azure, GCP], and development environments. Training resources will be provided to support the employee in developing these skills.

3. Work Location

Option A: On-site The primary work location is [Employer Address in South Carolina]. Working hours are [Start Time] to [End Time] Eastern Time.

Option B: Remote Employee is eligible for remote work. Employee must comply with Employer's remote work policy, including data protection and security standards. Working hours are [Start Time] to [End Time] Eastern Time.

Option C: Hybrid Employee will work both on-site at [Employer Address in South Carolina] and remotely, as determined by [Manager Name/Title]. Employee must comply with Employer's remote work policy. Working hours are [Start Time] to [End Time] Eastern Time. The employee may be required to commute to the office location.

Hardware and Software: The Employer will provide necessary hardware, software licenses, and secure access methods.

4. Employment Type

Option A: Full-Time Employment is full-time, based on a standard 40-hour work week. Core hours are [Start Time] to [End Time] Eastern Time.

Option B: Full-Time, Flexible Employment is full-time, based on a standard 40-hour work week. Flexible scheduling may be permitted, subject to manager approval.

South Carolina Wage and Hour: Adherence to South Carolina wage and hour statutes is required.

5. Compensation

Option A: Salary The base annual salary is [Dollar Amount], paid [Biweekly/Monthly]. Overtime pay will be provided at 1.5x the base rate for hours exceeding 40 per week, as per FLSA and South Carolina law.

Option B: Hourly The hourly wage is [Dollar Amount], paid [Biweekly/Monthly]. Overtime pay will be provided at 1.5x the base rate for hours exceeding 40 per week, as per FLSA and South Carolina law.

Bonus: Employee may be eligible for a [Project-based/Annual] bonus, subject to performance and company profitability.

Equity: The employee may be eligible for equity/grant options as defined by the company.

6. Benefits

Health Insurance: Eligibility for health, dental, and vision insurance plans.

Retirement: Eligibility for a 401(k) or other retirement plan.

Paid Time Off: Accrual of paid time off (vacation and sick leave) according to company policy. PTO carryover or payout policies are subject to Employer's policies.

Holidays: Paid time off for South Carolina recognized public holidays.

Leave: Compliance with family and medical leave policies as per state and federal law.

Flexible Spending Accounts: Opportunity to participate in optional flexible spending accounts.

Education Reimbursement: May be eligible for education or certification reimbursement tailored to software development.

7. Intellectual Property

Ownership: All intellectual property, including source code, software, algorithms, and documentation, created by Employee during employment is owned exclusively by Employer.

Open Source: Pre-approval is required for the use of open-source software or libraries.

8. Confidentiality

Obligation: Employee must maintain strict confidentiality of source code, trade secrets, business methods, and customer data.

Survival: This duty of confidentiality survives termination of employment for [Number] years, consistent with South Carolina's Uniform Trade Secret Act.

9. Outside Activities

Disclosure: Pre-approval is required before engaging in outside technology employment or freelance programming that might create a conflict of interest.

10. IT Security

Practices: Employee must follow IT security protocols, including regular password rotation and secure handling of access credentials.

Device Use: Use of personal devices for work may be restricted.

Data Protection: Employee must comply with data protection and breach notification policies.

11. Professional Conduct

Standards: Employee must adhere to standards of professional conduct, including code documentation, participation in peer reviews, and adherence to project timelines.

12. Non-Compete/Non-Solicitation

Non-Compete: Employee agrees not to engage in any business or employment that directly competes with Employer's business within [Specific geographic area within South Carolina] for a period of [Number] months after termination of employment, restricted to protecting legitimate business interests such as core proprietary code.

Non-Solicitation: Employee agrees not to solicit Employer's employees or customers for a period of [Number] months after termination of employment.

South Carolina Law: These clauses are interpreted under South Carolina law and are enforceable only to the extent they are reasonable in scope, geography, and duration.

13. At-Will Employment

Status: Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause, and with or without notice.

Disclaimer: Nothing in this Agreement creates an implied contract for continued employment.

14. Termination

Notice: [Number] days written notice is required for voluntary termination.

Final Paycheck: Final paycheck will be provided per South Carolina law, typically within 48 hours of separation or by the next regular payday.

Return of Property: Employee must immediately return all company property upon termination.

15. Anti-Discrimination

Equal Opportunity: Employer is an equal opportunity employer and does not discriminate based on race, color, religion, national origin, sex, age, disability, or any other protected characteristic under federal or South Carolina law.

16. Occupational Safety

Workers’ Compensation: Employee is covered by workers' compensation insurance per South Carolina requirements.

Safety Policies: Access to workers’ compensation per state requirements, employer policies for mental health support, and emergency remote work procedures as may be relevant to tech professionals.

17. Dispute Resolution

Process: Any disputes will be resolved through informal settlement discussions, followed by [Mediation/Arbitration] in [City, South Carolina].

Governing Law: South Carolina law governs the interpretation and enforcement of this Agreement.

18. Performance Review

Frequency: Periodic performance reviews will be conducted [Frequency, e.g., annually].

Criteria: Reviews will assess performance, promotion eligibility, and salary increase opportunities.

Training: Employee will receive job training and continuing education opportunities to enhance technical skills.

19. Compliance

Government Contracting: If applicable, Employee must comply with government contracting and export control laws.

Conflicts of Interest: Employee must notify Employer of any potential conflicts of interest.

20. Amendments

Requirement: Any amendments to this Agreement must be in writing and signed by both parties.

21. Governing Law and Severability

South Carolina Law: This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles.

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

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:

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