Tennessee software developer employment contract template

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How Tennessee software developer employment contract Differ from Other States

  1. Tennessee prohibits non-compete clauses for information technology professionals when certain compensation and role requirements are met.

  2. State law specifies distinct guidelines for classifying workers as employees versus independent contractors, which may differ from other states.

  3. Tennessee employment agreements must comply with state-specific wage payment and overtime laws that may not match other states’ standards.

Frequently Asked Questions (FAQ)

  • Q: Are non-compete clauses enforceable in Tennessee software developer contracts?

    A: Non-compete clauses have limited enforceability in Tennessee, especially for IT professionals, and are subject to strict legal scrutiny.

  • Q: Should the contract reference Tennessee law specifically?

    A: Yes, to ensure enforceability and clarity, contracts should specify that Tennessee law governs the agreement.

  • Q: Does Tennessee require written contracts for software developers?

    A: Written contracts are not legally required but are strongly recommended to clearly outline mutual rights and obligations.

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Tennessee Software Developer Employment Contract

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

1. Employment

Option A: Full-Time Employment

Employee accepts employment with Employer as a Software Developer on a full-time basis.

Option B: Part-Time Employment (If applicable, modify the entire contract accordingly)

Employee accepts employment with Employer as a Software Developer on a part-time basis.

2. Job Duties

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

  • System architecture design and implementation.
  • Coding in [Primary Programming Languages, e.g., Python, Java, .NET].
  • Using development tools, frameworks, and platforms such as [List Specific Tools/Frameworks].
  • Collaborative code review and debugging.
  • Documentation of code and systems.
  • Participation in agile/Scrum cycles and stand-ups.
  • Compliance with project management platforms like [Project Management Platforms, e.g., JIRA, GitHub].

3. Supervision and Collaboration

Option A: Reporting Structure

Employee will report directly to [Supervisor Name and Title], based in Tennessee.

Option B: Mentorship

Employee may be required to mentor junior developers.

Employee will be expected to collaborate with other departments as needed.

Employee is encouraged to participate in local developer communities with Employer sponsorship.

Employee will pursue continued education on emerging technologies relevant to the Tennessee tech market.

4. Work Location

Option A: On-Site

The primary work location is Employer's office located at [Company Address] in Tennessee.

Option B: Remote/Hybrid

The Employee will work remotely/hybrid within the state of Tennessee, according to the company's remote work policy.

The Employer will provide necessary development hardware.

Employee will use secure VPN/remote development protocols.

Employee will adhere to company data protection policies.

5. Employment Type & Hours

This is a full-time employment position.

Standard work hours are [Number] hours per week, from [Start Time] to [End Time], Monday through Friday.

Option A: Exempt Employee

Employee is classified as an exempt employee under the Fair Labor Standards Act (FLSA) and is not eligible for overtime pay because [Reason for Exemption, e.g., meets the salary and duties test for the computer employee exemption].

Option B: Non-Exempt Employee

Employee is classified as a non-exempt employee under the Fair Labor Standards Act (FLSA) and is eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek.

6. Compensation

Option A: Annual Salary

The Employee's annual salary will be [Dollar Amount], payable in accordance with the Employer’s standard payroll cycle.

Option B: Hourly Rate

The Employee's hourly rate will be [Dollar Amount], payable in accordance with the Employer’s standard payroll cycle.

Payroll cycle: [Payroll Cycle, e.g., Bi-weekly].

Payroll method: Direct deposit.

Overtime rate: [Overtime Rate Calculation].

Bonus: [Bonus Structure Details] (if applicable).

Equity: [Equity Grant Details and Vesting Conditions] (if applicable).

7. Benefits

Medical, dental, and vision insurance plans are available.

Participation in the Employer's 401(k) plan with [Matching Details].

Short-term and long-term disability insurance.

Paid Time Off (PTO): [PTO Policy Details].

Paid Holidays: [List of Tennessee Statutory and Observed Holidays].

Technology and connectivity stipend: [Stipend Amount and Frequency].

Education reimbursement for technical certifications: [Reimbursement Policy Details].

8. Intellectual Property Assignment

All software, source code, documentation, inventions, or other work product made during the term of employment, or as a result of employment, is owned by the Employer.

Use of open-source components requires company IT review and CTO approval.

This section is intended to comply with Tennessee and federal law.

9. Confidentiality & Non-Disclosure

Employee agrees to protect the confidentiality of Employer's proprietary code, software architecture, data models, customer data, and trade secrets.

Employee will comply with Tennessee’s data breach reporting requirements.

These obligations survive the termination of employment.

10. Outside Employment

Employee shall not engage in outside employment or independent technical work, including open-source contributions, consulting, or freelance activities, without prior written approval from Employer.

11. IT Security and Acceptable Use

Employee must comply with Employer’s IT security and acceptable use policy.

No unauthorized software installations are permitted.

Employee must adhere to Employer software licensing policies.

12. Non-Compete & Non-Solicitation

Option A: Non-Compete

During employment and for [Number] months following termination, Employee will not engage in any business that directly competes with Employer within [Geographic Scope, e.g., Tennessee].

This restriction is limited to [Specific Activities/Roles Restricted].

Employee acknowledges the "legitimate business interest" and "reasonableness" of this clause under Tennessee law.

Option B: Non-Solicitation

During employment and for [Number] months following termination, Employee will not solicit Employer's employees or customers.

13. At-Will Employment

Employment is at-will, as permitted under Tennessee law. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to the severance/notice provisions below.

14. Termination

Option A: Resignation

Employee must provide [Number] weeks written notice of resignation.

Option B: Termination by Employer

Employer may terminate employment for performance, restructuring, or misconduct.

Severance/Notice Policy: [Severance Package Details or Notice Period, complying with Tennessee law].

Final Paycheck: Employee’s final paycheck will be provided in accordance with Tennessee law.

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

Employee must handoff code, ensure access revocation, and delete proprietary materials.

Employee acknowledges the continuing confidentiality obligations.

15. Dispute Resolution

Disputes will be resolved through negotiation, followed by arbitration or mediation in Tennessee.

The applicable Tennessee court/jurisdiction is [Specify Court/Jurisdiction].

Tennessee law governs this Agreement.

16. Workers' Compensation & Unemployment Insurance

Employee is covered by mandatory Tennessee workers' compensation and unemployment insurance.

Employer’s policy on remote ergonomic/home office safety (if applicable): [Policy Details].

17. Equal Opportunity Employment

Employer is an equal opportunity employer and does not discriminate based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or any other characteristic protected by federal or Tennessee law.

18. Other Terms

Option A: Non-Disparagement

Employee agrees not to disparage Employer or its products/services.

Option B: Intellectual Property Assertion

Employee agrees to cooperate with Employer in asserting its intellectual property rights.

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

[Company Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Full Legal Name]

Signature: ____________________________

Date: ____________________________

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