Virginia software developer employment contract template

Virginia Software Developer Employment Agreement

This Virginia Software Developer Employment Agreement (the "Agreement") is made and entered into as of [Date] by and between [Company Name], a [State] corporation with its principal place of business at [Company Address] ("Company"), and [Employee Name], residing at [Employee Address] ("Employee").

1. Position

• Option A: The Company hereby employs Employee as a Software Developer.
• Option B: The Company hereby employs Employee as a Senior Software Engineer.
• Option C: The Company hereby employs Employee as a Lead Software Developer.

2. Job Responsibilities

• The Employee's primary responsibilities will include, but are not limited to:
• Analyzing software system requirements.
• Coding, testing, and debugging software applications.
• Designing algorithms and data structures.
• Maintaining and updating existing software systems.
• Managing code using version control systems (e.g., Git, SVN).
• Documenting software design and functionality.
• Participating in Agile/Scrum or DevOps development cycles.
• Conducting code reviews.
• Collaborating with other developers and team members.
• Ensuring security, accessibility, and compliance of software.

3. Required Skills and Technologies

• The Employee is expected to have proficiency in the following programming languages, frameworks, and tools:
• [List of Programming Languages, e.g., Python, Java, C#]
• [List of Frameworks, e.g., React, Angular, Spring]
• [List of Development Tools, e.g., IntelliJ, VS Code, Docker]

4. Reporting Structure

• The Employee will report to [Supervisor Name], [Supervisor Title].
• The Employee will be part of the [Team Name] team.
• Key Performance Indicators (KPIs) will be discussed and agreed upon within [Number] days of the start date.

5. Work Location

• Option A: The primary work location is [Company Address].
• Option B: The Employee will work remotely.
• Option C: The Employee will work in a hybrid model, with on-site presence required [Frequency].
  • On-site presence will be required for [Specific activities].
• The Company will provide the following:
• [List of hardware and software].
• Secure remote access via VPN and MFA.

6. Employment Nature

• The employment is full-time, with a standard work week of [Number] hours.
• Option A: The company offers flexible scheduling options.
• Option B: The company does not offer flexible scheduling options.
• Telework policies are governed by the company's telework policy.
• The Employee is responsible for adhering to any applicable local ordinances regarding meal and rest breaks.

7. Compensation

• Option A: The Employee's annual salary will be [Dollar Amount], payable [Frequency, e.g., bi-weekly] in accordance with Virginia law.
• Option B: The Employee's hourly wage will be [Dollar Amount], payable [Frequency, e.g., bi-weekly] in accordance with Virginia law.
• Overtime eligibility will be determined in accordance with the FLSA and Virginia Overtime Wage Act.
• Option A: The Employee is eligible for a performance-based bonus, subject to the terms and conditions of the Company's bonus plan.
• Option B: The Employee is eligible for a project completion bonus.
• Option C: The Employee will receive a sign-on bonus of [Dollar Amount].
• Option D: The Employee is eligible for stock options as per the company's stock option plan.
• All compensation is subject to applicable withholdings and deductions as required by law.

8. Benefits

• The Employee is eligible for the following benefits, subject to the terms and conditions of the Company's benefit plans:
• Health, dental, and vision insurance.
• Paid time off (vacation, sick leave, and federal/Virginia state holidays).
• Parental leave in accordance with company policy and applicable Virginia law (including the Voluntary Paid Family Leave Program when effective).
• Retirement plan (401(k) or similar).
• Option A: Tuition/technical certification reimbursement up to [Dollar Amount] per year.
• Option B: The company offers no reimbursement for tuition or technical certification.
• Technology/remote work stipend of [Dollar Amount] per month.
• Reimbursement for business expenses as per company policy.
• Option A: The Employee is eligible for flexible benefits.
• Option B: The Employee is not eligible for flexible benefits.

9. Intellectual Property

• All software, code, algorithms, documentation, and inventions created by the Employee within the scope of their employment and using Company resources are the sole property of the Company.
• The Employee will obtain prior written approval before using any third-party or open-source code in Company projects.
• Employee’s rights to excluded inventions are governed by Virginia Code § 40.1-28.7:5.

10. Confidentiality and Data Security

• Confidential Information includes, but is not limited to, code, architecture, proprietary algorithms, customer/user data, trade secrets, and company security protocols.
• The Employee's confidentiality obligations survive termination of employment [Length of Time].

11. Restrictive Covenants (Subject to Virginia Law)

• Option A: Non-compete: The Employee agrees not to engage in any business that competes with the Company within [Geographic Area] for a period of [Length of Time] after termination of employment. This clause is void if Employee qualifies as a low-wage employee as defined by VA law.
• Option B: Non-solicitation: The Employee agrees not to solicit the Company's clients, employees, or business partners for a period of [Length of Time] after termination of employment.
• Option C: Moonlighting: The Employee agrees not to engage in any outside programming or competing activities without the Company's prior written approval.

12. Company Conduct Policies

• The Employee agrees to adhere to all Company IT and cybersecurity standards.
• The Employee will comply with secure coding practices and protect company infrastructure.
• The Employee will use company software and cloud resources responsibly.
• The Employee will participate in mandatory code reviews and security audits.
• The Employee will report any security incidents immediately.
• The Employee is required to complete training on company systems, privacy, and data security.
• The Employee will participate in continuing technical education as required by the company.

13. At-Will Employment

The Employee's employment is at-will and may be terminated by either party at any time, with or without cause, subject to the notice provisions below. This agreement does not guarantee employment for any specific duration.

14. Termination

• The Employee may terminate employment voluntarily by providing [Number] days' written notice to the Company.
• The Company may terminate the Employee's employment for cause, layoff, or other legitimate business reasons.
• If termination is initiated by the company, the Company will provide [Number] days' written notice to the Employee.
• Final wage payment will be made on or before the next regular payday.
• Upon termination, the Employee will return all Company equipment, code repositories, and proprietary information.
• The Employee's obligations regarding intellectual property and confidentiality survive termination of employment.

15. Anti-Discrimination and Equal Opportunity

• The Company is an equal opportunity employer and prohibits discrimination based on race, color, religion, national origin, sex, sexual orientation, gender identity, pregnancy, disability, marital status, age, veteran status, or any other characteristic protected by law.
• The Company is committed to diversity, inclusion, and workplace safety.

16. Compliance with Laws

The Company complies with all applicable Virginia and federal laws, including wage and hour laws, mandated benefits, worker's compensation (if applicable), and occupational health and safety provisions.

17. Dispute Resolution

• The parties agree to attempt to resolve any disputes through good faith negotiation.
• If negotiation fails, the parties agree to participate in mediation in [City], Virginia.
• If mediation fails, the parties agree to submit the dispute to binding arbitration in [City], Virginia.
• This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

18. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

19. Severability

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

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

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

[Company Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Name]

Signature: ____________________________