Utah software developer employment contract template

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How Utah software developer employment contract Differ from Other States

  1. Utah prohibits non-compete agreements longer than one year for most employees, offering greater post-employment flexibility.

  2. Wages must be paid at least semi-monthly in Utah, ensuring more frequent payroll compared to some states with monthly cycles.

  3. Utah recognizes employment at-will but allows parties to agree to contract terms that can override at-will provisions in writing.

Frequently Asked Questions (FAQ)

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

    A: Non-compete clauses are enforceable but are generally limited to one year and must be reasonable in scope and geography.

  • Q: Is overtime pay mandatory for software developers in Utah?

    A: Yes, unless the developer qualifies for an overtime exemption under federal or state law based on duties and salary.

  • Q: Does Utah require written employment contracts for developers?

    A: No. Written contracts are not mandatory, but having one clarifies rights, responsibilities, and reduces disputes.

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Utah Software Developer Employment Contract

This Utah Software Developer Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a company organized under the laws of Utah, with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Employment

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

2. Duties

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

  • Software design and development.
  • Coding and debugging.
  • Software testing and quality assurance.
  • Code documentation.
  • Participation in version control systems (e.g., Git).
  • Code reviews.
  • Agile/Scrum participation.
  • DevOps involvement.
  • Collaboration with cross-functional teams.

Employee shall utilize the following programming languages, frameworks, and tools: [List programming languages, frameworks, and tools, e.g., Python, Java, .NET, JavaScript, AWS, Azure].

Employee shall report directly to [Manager Name/Title].

  • Option A: Employee shall provide weekly status reports to [Manager Name/Title].
  • Option B: Employee shall provide status reports as requested by [Manager Name/Title].
  • Option A: Employee will participate in a mentorship program, providing technical guidance to junior developers.
  • Option B: This section is intentionally omitted.

3. Work Location and Remote Work

The primary work location is [Employer's Utah Address].

  • Option A: Employee may work remotely subject to the Employer's Remote Work Policy. Employee is responsible for maintaining a secure home office environment compliant with Employer’s security policies.
  • Option B: This is a full-time on-site position. Remote work is not permitted.

4. Full-Time Employment and Work Hours

This is a full-time position. Regular work hours are [Start Time] to [End Time], Monday through Friday.

  • Option A: Employee may be required to provide after-hours support as needed.
  • Option B: Employee is not required to provide after-hours support.

5. Compensation

Employee’s annual salary is [Salary], payable in accordance with Utah law [e.g., bi-weekly].

  • Option A: Employee is eligible for overtime pay in accordance with Utah law.
  • Option B: Employee is an exempt employee and not eligible for overtime pay.
  • Option A: Employee is eligible for a performance-based bonus, the terms of which are detailed in Exhibit A.
  • Option B: Employee is not eligible for a bonus.
  • Option A: Employee will receive a signing bonus of [Amount], payable [Payment terms, e.g., within 30 days of start date].
  • Option B: Employee will not receive a signing bonus.

6. Benefits

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

  • Health insurance.
  • Dental insurance.
  • Vision insurance.
  • HSA/FSA.
  • 401(k) plan with [Matching details, e.g., employer matching up to 4% of employee contributions].
  • Paid time off (PTO) of [Number] days per year.
  • Sick leave in accordance with Utah law.
  • Parental leave in accordance with Utah law.
  • Company holidays: [List of holidays].
  • Option A: Remote work stipend of [Amount] per month.
  • Option B: This section is intentionally omitted.
  • Option A: Professional development fund of [Amount] per year for conferences and training.
  • Option B: This section is intentionally omitted.

7. Intellectual Property

All software, source code, documentation, architecture, patents, and inventions created by Employee within the scope of their employment with Employer shall be the sole property of Employer.

Employee acknowledges that all such work is “work for hire” under Utah law.

Employee shall comply with Employer’s policies regarding the use of open-source software.

8. Confidentiality

Employee shall maintain the confidentiality of all Employer’s confidential information, including but not limited to source code, client data, and proprietary algorithms.

This confidentiality obligation shall continue after termination of employment, subject to applicable Utah statutes.

9. Conflict of Interest

Employee shall not engage in any outside employment or development projects that may compete with or interfere with the business of Employer, subject to applicable Utah statutes.

10. Non-Compete and Non-Solicitation

  • Option A: Employee agrees to a non-compete agreement as detailed in Exhibit B, which complies with the Utah Post-Employment Restrictions Act, limiting the restriction to one year and only applying if the Employee meets the criteria under the law. The prohibited activities are [Describe prohibited activities], and the relevant geographic scope is [Describe geographic scope].
  • Option B: This section is intentionally omitted.

Employee agrees not to solicit Employer’s employees or customers for a period of [Number] years following termination of employment.

11. At-Will Employment and Termination

Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following:

  • Option A: Employer shall provide [Number] days' written notice of termination.
  • Option B: This section is intentionally omitted.

Employer may terminate employment immediately for cause.

Upon termination, Employee shall return all Employer property, including code and confidential materials. Final pay shall be issued in accordance with Utah law.

12. Anti-Harassment and Equal Opportunity

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

13. Cybersecurity

Employee shall adhere to Employer’s cybersecurity policies and shall not engage in any unauthorized code access, data transfer, or activities that compromise the security of Employer’s systems.

14. Code Review and Secure Coding

Employee shall participate in code reviews and adhere to secure coding standards as established by Employer.

15. External Projects

Employee may participate in external technical or open-source projects only with the written approval of Employer.

16. Utah Law Compliance

Employee shall comply with all applicable Utah labor and privacy laws.

17. Dispute Resolution

The parties agree to first attempt to resolve any disputes through negotiation and mediation.

Any legal action shall be brought in the courts of Utah, and Utah law shall govern this Agreement.

  • Option A: Any disputes arising under this Agreement shall be resolved through binding arbitration in Salt Lake County, Utah.
  • Option B: This section is intentionally omitted.

18. Acknowledgment and Consent

Employee acknowledges that they have read, understood, and agree to the terms of this Agreement. Employee consents to electronic delivery of notices and use of electronic signatures in accordance with Utah law.

19. Modification

This Agreement may be modified only in writing, signed by both parties.

20. General Provisions

  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Assignment: This Agreement may not be assigned by Employee without the written consent of Employer.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
  • Amendment: This Agreement may be amended only by a written instrument signed by both parties.
  • Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

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

[Employer Name]

By: [Employer Signature]

Name: [Employer Printed Name]

Title: [Employer Title]

[Employee Name]

By: [Employee Signature]

Name: [Employee Printed Name]

Date: [Date]

Exhibits:

  • Exhibit A: Bonus Plan
  • Exhibit B: Non-Compete Agreement (If Applicable)

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