Washington software developer employment contract template

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How Washington software developer employment contract Differ from Other States

  1. Washington restricts the enforceability of non-compete agreements more strictly than many other states, setting minimum salary thresholds.

  2. Washington mandates pay transparency, requiring employers to disclose salary ranges and benefits in job postings and offers.

  3. Washington’s privacy protections for employee personal data are more robust, with specific obligations for employers that process or store such data.

Frequently Asked Questions (FAQ)

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

    A: Yes, but only if salary thresholds are met and other strict statutory requirements are followed.

  • Q: Must Washington employers disclose pay ranges for software developer roles?

    A: Yes, Washington law requires employers to provide salary ranges and benefits upon request or in job postings.

  • Q: Does Washington law protect employee personal data in employment contracts?

    A: Yes, Washington imposes stricter obligations on employers for handling and safeguarding employee personal information.

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Washington Software Developer Employment Contract

This Washington Software Developer Employment Contract (the “Agreement”) is made and entered into as of [Date of Signing] by and between [Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

Position

The Employer hereby employs the Employee as a full-time Software Developer.

• Option A: The Employee's primary responsibilities will include, but are not limited to: requirements analysis, software design, development, coding, troubleshooting, debugging, technical documentation, automated testing, DevOps integration, version control (using Git), code review participation, contribution to technical architecture, and collaboration in agile/scrum teams. Specific programming languages, databases, cloud platforms, development tools, methodologies, and frameworks to be used include [List programming languages, databases, cloud platforms, development tools and frameworks.]. The employee is expected to follow the employer's established software development lifecycle, coding standards, and utilize project management tools such as [List project management tools]. The Employee will also contribute to team knowledge bases and participate in peer mentorship.

• Option B: The Employee's specific duties and responsibilities will be as described in [Attached Job Description] and as reasonably assigned by the Employer from time to time.

Work Location and Remote Work Policy

The Employee's primary work location shall be at the Employer's designated site(s) located in Washington state, specifically [Address of Work Location].

• Option A: The Employer maintains a [Remote/Hybrid Work Policy] which allows for remote work subject to certain conditions and approvals, as described in [Document Name].

• Option B: Remote work is not permitted for this position.

The Employer shall provide the Employee with the necessary hardware, software, and access to secure networks, including VPNs, to perform their duties. The Employer complies with the Washington Industrial Safety and Health Act (WISHA) and shall maintain a safe working environment. The Employer will ensure compliance with Washington-specific data privacy and security requirements, including the Washington Consumer Data Privacy Act (if applicable) and industry-specific regulations such as HIPAA (if applicable).

Employment Type, Hours, and Breaks

This is a full-time employment position.

• Option A: The Employee's standard work week will consist of [Number] hours per week, typically worked Monday through Friday. The Employee is entitled to minimum daily/weekly rest and meal breaks in accordance with Washington labor standards. The Employee is required to accurately record their work hours. Overtime work requires prior authorization. Overtime will be compensated at 1.5 times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by Washington law.

• Option B: The Employee will be required to work a flexible schedule to meet the needs of the business.

Attendance and punctuality are essential functions of this position.

Compensation

The Employer shall compensate the Employee as follows:

• Option A: Base Salary: The Employee's annual base salary shall be [Dollar Amount], payable in [Payment Frequency, e.g., bi-weekly or monthly] installments. This payment frequency is at least monthly, complying with Washington law.

• Option B: Hourly Wage: The Employee's hourly wage shall be [Dollar Amount], payable in [Payment Frequency, e.g., bi-weekly or monthly] installments.

Overtime will be compensated at 1.5 times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by Washington law. Double-time pay applies as required by Washington law.

• Option A: Performance Bonus: The Employee may be eligible for a performance-based bonus as determined by the Employer. The terms and conditions of any bonus plan shall be set forth in a separate document.

• Option B: Project Bonus: The Employee may be eligible for project bonuses as determined by the Employer. The terms and conditions of any bonus plan shall be set forth in a separate document.

• Option C: Stock Options: The Employee may be granted stock options pursuant to the Employer's stock option plan.

• Option D: Profit Sharing: The Employee may be eligible to participate in the Employer's profit-sharing plan.

The Employer shall reimburse the Employee for all reasonable and pre-approved work-related expenses in accordance with the Employer's expense reimbursement policy and Washington law, including mandatory reimbursement for pre-approved work-from-home internet/utility expenses.

Benefits

The Employee shall be eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:

• Health Insurance

• Dental Insurance

• Vision Insurance

• Life Insurance

• Long-Term Disability Insurance

• Voluntary Benefits

• 401(k) or other retirement plan with Employer match

• Paid Parental/Family Leave, in accordance with Washington law.

• Paid Sick Leave, accrued and used in accordance with Washington's paid sick leave law.

• Vacation Time: [Number] days per year.

• Washington-recognized public holidays.

• Option A: Remote Work Stipend: [Dollar Amount] per [Time Period].

• Option B: Technology and Training Budget: [Dollar Amount] per year.

• Option C: Tuition/Certification Reimbursement: Subject to Employer approval and policy.

Paid Sick and Family Leave

The Employee is eligible for paid sick leave and paid family leave in accordance with Washington's Paid Family and Medical Leave (PFML) program and relevant Family Care Act provisions. Details regarding accrual, eligibility, and use are outlined in the Employer’s PFML policy.

Intellectual Property

All inventions, software, code, documentation, deliverables, or source materials developed by the Employee during the course of employment with the Employer or through the use of company resources shall be considered "work for hire" and shall belong exclusively to the Employer to the fullest extent permitted by Washington law.

• Exception: Pursuant to RCW 49.44.140, this provision shall not apply to an invention for which no equipment, supplies, facilities, or trade secret information of the Employer was used and which was developed entirely on the Employee's own time, and (1) which does not relate (a) directly to the business of the Employer or (b) to the Employer's actual or demonstrably anticipated research or development, or (2) which does not result from any work performed by the Employee for the Employer. Employee shall provide written disclosure of any such inventions to the Employer for review.

The Employee must obtain the Employer's prior written consent before contributing company code to open-source projects or incorporating third-party code into the Employer's projects, including compliance with open-source licensing terms and the Employer's policies.

Confidentiality and Data Protection

The Employee agrees to hold in strictest confidence all confidential information of the Employer, including but not limited to: personal data, company trade secrets, client/customer source code, proprietary projects, and any other information not generally known to the public. The Employee agrees not to disclose any such confidential information to any third party, either during or after the term of employment, except as required by law or with the Employer's express written consent. The Employee will comply with all applicable data protection laws, including those specific to Washington.

Compliance with Laws and Regulations

The Employee shall comply with all applicable laws, rules, and regulations, including but not limited to data privacy laws, cybersecurity regulations, export control regulations (if applicable), and software accessibility guidelines.

Use of Company Systems

The Employee shall not use the Employer's computer systems or networks for any illegal or unauthorized activities. The Employee shall comply with the Employer's security incident reporting procedures and participate in regular security training.

Outside Activities

The Employee shall not engage in any external consulting, part-time work, or technology competition that creates a conflict of interest with the Employer. The Employee must obtain the Employer's prior written approval before engaging in any such activities.

Non-Competition

Any non-compete agreement between the Employer and Employee is strictly governed by Washington's RCW 49.62 (Washington Non-Compete Act).

• Option A: Non-Compete Agreement: The Employee agrees that during their employment and for a period of [Number, e.g., 6, 12, or 18] months after termination of employment, regardless of the reason for termination, the Employee will not, directly or indirectly, engage in any business that competes with the Employer's business within a [Geographic Area, e.g., 50-mile radius of Employer's principal place of business, Washington State]. Enforceability requires the employee to earn more than the statutory threshold (updated annually; $116,593.18 in 2024). If the Employer enforces this non-compete post-termination, the Employer will provide mandatory "garden leave" pay or compensation equivalent to the Employee's base salary at the time of termination during the restricted period. This clause is intended to comply with RCW 49.62 and does not limit the ability to work in software development generally except to protect true trade secrets.

• Option B: No Non-Compete Agreement: The parties agree that the Employee is not subject to a non-compete agreement.

The Employee agrees not to solicit the Employer's employees or customers for a period of [Number] months after termination of employment.

The Employee agrees to maintain the confidentiality of the Employer's trade secrets and confidential information indefinitely.

At-Will Employment

The Employee's employment with the Employer is "at will," meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause and with or without notice, subject to the notice requirements below.

Termination

• Option A: Voluntary Resignation: The Employee shall provide the Employer with [Number, e.g., 2] weeks' written notice of their intention to resign.

• Option B: Involuntary Termination: The Employer may terminate the Employee's employment at any time, with or without cause, subject to applicable laws.

• Reduction in Force/Layoff: In the event of a reduction in force or layoff, the Employer will comply with all applicable laws. Severance pay, if any, will be determined in accordance with the Employer's severance policy.

Upon termination of employment, the Employee shall return all company property and data to the Employer. The Employee's final wages will be paid no later than the next regular payday.

Anti-Discrimination and Equal Employment Opportunity

The Employer is an equal opportunity employer and does not discriminate against any employee or applicant for employment based on race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), gender identity, sexual orientation, national origin, age, disability, marital status, military service, genetic information, or any other characteristic protected by law. This policy applies to all terms and conditions of employment, including hiring, firing, promotion, compensation, benefits, and training. The Employer complies with the Washington Law Against Discrimination (RCW 49.60) and all other applicable anti-discrimination laws. This policy also extends to remote/hybrid work environments.

The Employee should report any instances of workplace harassment, retaliation, or discrimination to [Contact Person/Department] or through the Employer's internal complaint procedures as described in [Document Name].

Workplace Accommodations for Disabilities

The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with Washington state law and the Americans with Disabilities Act (ADA). The Employee should contact [Contact Person/Department] to request an accommodation.

Workplace Health and Safety

The Employer is committed to providing a safe and healthy work environment. The Employee is responsible for following all safety rules and procedures. The Employer provides access to mental health support resources, including [Employee Assistance Program (EAP)]. The Employer provides guidance on remote work ergonomics and promotes a safe and inclusive work culture.

Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

• Good Faith Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.

• Mediation: If negotiation fails, the parties may agree to participate in voluntary mediation in Washington.

• Arbitration: Any unresolved dispute shall be submitted to binding arbitration in Washington in accordance with the rules of the American Arbitration Association.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any legal action arising out of this Agreement shall be [Pierce County/King County (or other county of employment)], Washington.

Statutory Notifications

The Employee acknowledges receipt of information regarding Washington's paid sick leave law, non-compete law, and other state-mandated posters and disclosures. These documents are attached to this Agreement or available at [Location of Posters/Documents].

Training and Development

• Option A: The Employer supports the Employee's professional development through training, skills upgrading, technical certifications, and other professional development activities. The Employee may be eligible for reimbursement of expenses related to such activities, subject to the Employer's approval and policy.

• Option B: The Employee will be provided with [Specific Training Programs/Resources] to enhance their skills and knowledge.

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

[Employer Name]

By: [Name of Employer Representative]

Title: [Title of Employer Representative]

[Employee Name]

[Employee Signature]

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