Texas software developer employment contract template
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How Texas software developer employment contract Differ from Other States
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Texas places specific limitations on non-compete clauses, requiring them to be reasonable in geographic scope and duration.
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Texas is an at-will employment state, which allows employers or employees to terminate employment at any time, with or without cause.
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Texas law governs intellectual property created during employment differently, typically presuming work-related inventions belong to the employer if so stipulated.
Frequently Asked Questions (FAQ)
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Q: Does Texas require written employment contracts for software developers?
A: No, written contracts are not required, but having one clarifies employment terms and protects both parties’ interests.
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Q: Are non-compete agreements enforceable for software developers in Texas?
A: Yes, if they are reasonable in scope, time, and geography, and are part of otherwise enforceable agreements.
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Q: Who owns software created by a developer during employment in Texas?
A: Generally, the employer owns work created within the employee’s job scope, if stated in the contract.
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Texas Software Developer Employment Agreement
This Texas Software Developer Employment Agreement (the “Agreement”) is made and effective as of [Date] by and between [Employer Full Legal Name], a [Employer Type, e.g., Corporation] organized and existing under the laws of Texas, with its principal place of business at [Employer Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Address] (“Employee”).
1. Employment
- Option A: Employer hereby employs Employee, and Employee hereby accepts employment with Employer, as a full-time Software Developer.
- Option B: The specific title of Employee’s position is Senior Software Developer.
- Option C: The Employee's role is that of a Contract Software Developer (See Section 9 for Term).
2. Job Duties
- Option A: Employee's primary duties will include, but are not limited to:
- Coding, software design, and architecture for Texas-based projects.
- Application development, QA/testing, debugging, and documentation.
- DevOps responsibilities and source control management (using Git).
- Code review, team collaboration, and compliance with documented workflows.
- Participation in Texas-specific industry activities as directed.
- Option B: Employee will focus on the following specific technologies: [List Programming Languages, Technology Stacks, Development Frameworks].
- Option C: Employee shall adhere to [Industry or Client-Specific Standards] required in Texas (e.g., for energy, health tech, or public sector projects).
- Option D: The Employee's responsibilities are to develop applications for [Client Name].
3. Reporting Structure and Teamwork
- Option A: Employee will report directly to [Immediate Supervisor Name and Title].
- Option B: Employee is expected to work collaboratively with the [Team Name] team.
- Option C: Employee is expected to participate in interdepartmental collaboration within the Texas work environment.
4. Work Location
- Option A: Employee's primary work location will be at [Address in Texas].
- Option B: This is a hybrid role with [Number] days per week required in the office.
- Option C: This is a fully remote position, with the Employee expected to reside within Texas.
- Requirement: Employee must maintain a secure internet connection.
- Requirement: Employee must use authorized remote access methods.
- Option D: Out-of-state work is [Permitted/Not Permitted] and requires prior approval from [Manager's Name].
5. Full-Time Status and Working Hours
- Option A: Employee is a full-time employee of Employer.
- Option B: Regular weekly working hours are [Number] hours per week.
- Option C: Employee is expected to be available during standard business hours, [Start Time] to [End Time].
- Option D: Overtime will be paid in accordance with the Texas Payday Law and FLSA.
6. Meal and Rest Breaks
- Option A: Employee is entitled to a [Number] minute meal break.
- Option B: Employee is entitled to a [Number] minute rest break in the morning and afternoon.
- Option C: Employer will provide meal breaks in accordance with company policy.
7. Compensation
- Option A: Employee's base annual salary will be [Dollar Amount], payable [Frequency, e.g., bi-weekly].
- Option B: Employee's hourly rate will be [Dollar Amount].
- Option C: Overtime will be paid at a rate of [Rate, e.g., 1.5] times the regular hourly rate for hours worked over 40 in a workweek.
- Option D: Employee is eligible for merit increases and bonuses based on performance.
- Option E: Employee may be eligible for project completion incentives.
- Option F: Employee [Is/Is Not] eligible to participate in the company’s profit sharing or equity program.
8. Benefits
- Option A: Employee is eligible to participate in Employer-sponsored health, dental, and vision insurance plans.
- Option B: Employee is eligible for life and disability coverage.
- Option C: Employee is eligible to participate in the company's retirement plan or 401(k).
- Option D: Employee will accrue vacation leave at a rate of [Number] days per year.
- Option E: Employee will accrue sick leave at a rate of [Number] days per year.
- Option F: Employee is entitled to [Number] paid holidays per year, recognized by the State of Texas.
- Option G: Accrued, unused paid time off is not required to be paid out upon termination unless company policy dictates otherwise. The current company policy is [Describe Policy].
- Option H: Employee shall be eligible for a [Dollar Amount] annual stipend for parking, paid [Frequency].
9. Equipment
- Option A: Employer will provide Employee with a laptop, development servers, and required software licenses.
- Option B: All equipment provided by Employer remains the property of Employer.
- Option C: Upon termination of employment, Employee must return all company property in good working order.
- Option D: This contract begins [Date] and ends [Date]. It may be renewed or terminated by either party with a [Number] day notice.
10. Intellectual Property
- Option A: All software, inventions, code, documentation, and work product developed by Employee during employment are "works made for hire" owned by Employer, assignable under Texas law.
- Option B: Employee agrees to assign all post-employment inventions related to the company's business developed using confidential information or company resources.
- Option C: Procedures and requirements for open-source contributions and third-party code use require approval from [Department/Individual].
- Option D: Prior Inventions: Employee discloses the following inventions, if any, that Employee owns (either solely or jointly with others) and that related to Employer’s proposed business, products or research and development: [Description of Inventions].
11. Non-Compete and Non-Solicitation
- Option A: Employee agrees not to compete with Employer during the term of employment and for a period of [Number] months following termination within a [Number] mile radius of [City, Texas].
- Scope: This non-compete agreement is limited to activities directly competitive with Employer's business of [Specific Business Description].
- Duration: The duration is limited to [Number] months, which is reasonably necessary to protect Employer's legitimate business interests.
- Geographic Area: The geographic area is limited to [City, Texas], where the Employee primarily performs duties.
- Option B: Employee agrees not to solicit Employer's employees or clients for a period of [Number] months following termination.
- Option C: The Employer will provide garden leave or a notice period consideration.
- Option D: A waiver of a non-compete is available if the Employee has worked at the company for [Number] years.
12. Confidentiality and Data Protection
- Option A: Employee agrees to non-disclosure of proprietary information, technical processes, codebases, client data, and trade secrets both during and after employment, as per the Texas Uniform Trade Secrets Act.
- Option B: Employee agrees to comply with all security requirements aligned with current industry norms and any Texas-specific privacy laws.
- Option C: All confidential information and documents will be returned to the Employer upon termination of employment.
13. Behavioral and Performance Standards
- Option A: Employee must adhere to robust IT security protocols and proper use of company assets.
- Option B: Employee must comply with internal access controls and refrain from unauthorized data transfers.
- Option C: Employee must adhere to approved software development methodologies (e.g., Agile, Scrum).
- Option D: Employee must participate in required security training initiatives.
14. Texas Industry Participation
- Option A: Employee is expected to attend Texas-based industry events as directed by [Manager's Name].
- Option B: Employer will support continuing technical education and professional certifications relevant to the Texas job market.
15. Client-Owned IP or Code
- Option A: If the Employee is working on software for a client of the Employer, all code will be the property of [Client Name].
- Option B: Employee discloses the following pre-existing inventions or code: [List of prior inventions].
16. At-Will Employment
- Option A: Employee's employment is at-will, as permitted by Texas law.
- Option B: Employee may resign at any time with [Number] weeks' notice.
- Option C: Employer may terminate employment at any time, with or without cause.
- Option D: Upon termination, Employee will receive a final wage payment in accordance with the Texas Payday Law.
17. Anti-Discrimination and Equal Opportunity
- Option A: Employer is an equal opportunity employer and does not discriminate based on race, color, national origin, gender, disability, age, religion, genetic information, or any other protected class under Texas or federal law.
- Option B: Employer is committed to a workplace free of harassment.
18. Dispute Resolution
- Option A: Any disputes arising out of or relating to this Agreement shall be resolved through internal complaint procedures.
- Option B: If internal procedures fail, disputes may be submitted to mediation in [City, Texas].
- Option C: Any legal action relating to this agreement will be brought in the state or federal courts located in [County Name] County, Texas, and governed by Texas law.
- Option D: Employer may seek injunctive relief in Texas courts for breaches of confidentiality or IP provisions.
19. Workers' Compensation
- Option A: Employer is a subscriber to the Texas Workers' Compensation system.
- Option B: In the event of a work-related injury, Employee must follow the company's reporting procedures.
- Option C: Employer is a non-subscriber to the Texas Workers' Compensation system.
20. Texas Industry Regulations
- Option A: Employee must comply with all applicable Texas industry regulations for [Industry Sector, e.g., healthcare, energy].
- Option B: Employment is contingent upon successful completion of a background check.
21. Outside Employment (Moonlighting)
- Option A: Employee must obtain written consent from Employer before engaging in any outside employment or technical projects that may conflict with Employer's interests.
- Option B: Employee must disclose outside technical projects to [Department/Individual].
22. Entire Agreement
- Option A: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Full Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Full Legal Name]
Signature: ____________________________