West Virginia software developer employment contract template

West Virginia Software Developer Employment Agreement

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

Position

• Option A: Software Developer, [Level: Junior, Mid, Senior]
• Option B: Software Engineer, [Level: Junior, Mid, Senior]

• Duties:
• Design, develop, test, debug, deploy, and maintain software applications.
• Document code and technical specifications.
• Participate in peer code reviews.
• Collaborate in agile scrum or kanban teams.
• Comply with company security protocols and data privacy standards.
• Participate in technical meetings, design reviews, and project retrospectives.

Required Skills

• Core Programming Languages: [List Languages, e.g., Java, Python, C#, JavaScript]
• Frameworks: [List Frameworks, e.g., .NET, React, Angular]
• Development Methodologies: Agile, Scrum, Kanban
• Version Control Tools: Git
• Other Required Skills: [List skills, e.g., Database Management, Cloud Computing, DevOps]

Reporting Hierarchy

• Direct Manager: [Manager Name]
• Technical Lead: [Technical Lead Name]
• Cross-functional Collaborations: Product Management, QA, DevOps

Work Location

• Option A: Onsite at [Company Address in West Virginia].
• Option B: Hybrid – Primarily at [Company Address in West Virginia], with remote work as agreed upon.
• Option C: Remote, within West Virginia.

• Remote Work Policy: [Reference to Company Remote Work Policy].
• West Virginia Residency Requirement: Employee must maintain residency in West Virginia.
• Company Hardware: Employer will provide a laptop and other necessary equipment.
• Data Residency: Employee acknowledges and agrees to comply with all applicable data residency requirements while accessing systems remotely from within West Virginia.

Employment Status

• Full-time, W-2 Employee
• Standard Weekly Work Hours: 40 hours per week.
• Expected Working Schedule: [Specify Hours, e.g., 9:00 AM - 5:00 PM].
• Meal and Rest Breaks: In accordance with West Virginia law.
• Overtime: Overtime pay will be calculated and paid in accordance with the West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act (FLSA).

Compensation

• Option A: Annual Base Salary: [Dollar Amount], payable [Frequency, e.g., bi-weekly].
• Option B: Hourly Rate: [Dollar Amount], payable [Frequency, e.g., bi-weekly].

• Payment Method: Direct Deposit
• Overtime Calculation: 1.5 times the regular hourly rate for hours worked over 40 in a workweek.
• Performance Bonus: [Specify eligibility, formula, and payment schedule, or state "Not Applicable"].
• Equity Participation: [Specify details or state "Not Applicable"].
• Wage Deductions: State and federal taxes, social security, Medicare, and benefits premiums.

Benefits

• Health Insurance: [Specify Eligibility, Plan Details, Employee Contribution, or state "Not Applicable"]
• Dental Insurance: [Specify Eligibility, Plan Details, Employee Contribution, or state "Not Applicable"]
• Vision Insurance: [Specify Eligibility, Plan Details, Employee Contribution, or state "Not Applicable"]
• Employee Assistance Program (EAP): [Specify details or state "Not Applicable"]
• Paid Holidays: [List West Virginia recognized holidays]
• Paid Vacation: [Specify accrual rate, carry-over rules, and maximum accrual, or state "Not Applicable"]
• Paid Sick Leave: [Specify accrual rate, usage rules, and maximum accrual, or state "Not Applicable"]
• Parental/Family Leave: In accordance with the Family and Medical Leave Act (FMLA).
• Retirement Benefits (401(k)): [Specify eligibility, employer match, or state "Not Applicable"]
• Tuition/Certification Reimbursement: [Specify eligibility, reimbursement amount, and covered courses/certifications, or state "Not Applicable"]
• Home Office Expense Reimbursement: [Specify details or state "Not Applicable"]

Confidentiality

• Employee agrees to hold confidential all proprietary information, including software source code, algorithms, technical documentation, customer lists, trade secrets, and related discussions.
• Scope: All information related to Employer's business.
• Duration: During employment and indefinitely thereafter.
• Exceptions: Information that is publicly available through no fault of the employee, or is required to be disclosed by law.

Intellectual Property Assignment

• All inventions, code, software, documentation, and related materials developed by Employee during the course of employment are the property of Employer.
• Employee will disclose all inventions to Employer promptly.
• Prior Inventions: [Specify any prior inventions that are excluded from this assignment or state "None"].
• Open Source Contributions: Employee must obtain prior written authorization from Employer before contributing to any open-source projects using company time or resources.

Community Events & Open Source

• Participation in community events, conferences, or open-source projects requires prior approval from Employer.
• [Choose One]
• Option A: Participation is allowed on personal time only.
• Option B: Employer may, at its discretion, approve participation on company time.

IT and Cybersecurity Compliance

• Employee agrees to adhere to Employer's Acceptable Use Policy, Software Installation/Update Policies, and other IT security policies.
• Employee will use Multi-Factor Authentication (MFA) where required.
• Employee will complete mandatory security training.
• Employee will report any security incidents immediately.
• Employee will not circumvent any data protection controls.

Anti-Discrimination and Anti-Harassment

• Employer is committed to providing a workplace free of discrimination and harassment in accordance with the West Virginia Human Rights Act.
• Protected categories include race, color, religion, sex, age, disability, national origin, and other categories protected by law.
• Employee agrees to comply with Employer's Code of Conduct.
• [Reference Company Policy or describe Complaint Reporting and Investigation Procedures]

Workplace Safety and Health

• Employer is committed to providing a safe and healthy workplace in compliance with applicable federal and state laws, including OSHA.
• [Reference Company Policy or Describe procedures, and note applicability of West Virginia Office of Miners’ Health, Safety, and Training, if relevant]

Non-Solicitation

• During employment and for a period of [Number] months following termination, Employee agrees not to solicit Employer's clients or employees.
• Geographic Scope: [Specify Geographic Scope, e.g., West Virginia].

Non-Compete

• [Choose One. Note that Non-Competes are strictly construed in WV]
• Option A: Non-compete agreement is not included in this agreement.
• Option B: During employment and for a period of [Number] months following termination, Employee agrees not to engage in any business that competes with Employer within [Specific Geographic Area in West Virginia].
• Scope of Restricted Activities: [Specifically define restricted activities].
• Carve-Outs: This restriction shall not apply to [Specify allowable activities or types of employment].
• Acknowledgement: Employee acknowledges that this non-compete agreement is necessary to protect Employer's legitimate business interests, is reasonable in scope and duration, and does not impose an undue hardship on Employee.

At-Will Employment

• Employment is at-will. Either party may terminate the employment relationship at any time, with or without cause and with or without notice, subject to the notice provisions below.
• Required Termination Notice: [Number] days written notice is required from either party.
• Option for Pay in Lieu of Notice: Employer may choose to provide pay in lieu of notice.
• Grounds for Immediate Termination: Misconduct, breach of confidentiality, or other serious violations of company policy.
• Severance: [Specify severance eligibility and terms, or state "Not Applicable"].
• Exit Interview: Employee agrees to participate in an exit interview upon termination.
• Return of Property: Employee agrees to return all Employer property immediately upon termination.
• Final Payment: Employee will receive final payment of all wages due in accordance with West Virginia law.

Dispute Resolution

• Internal Complaint Reporting: Employee agrees to first attempt to resolve any disputes internally through Employer's complaint reporting procedures.
• Mediation: [Specify whether mediation is required prior to arbitration or litigation].
• Arbitration: [Specify whether arbitration is required, and if so, the process for arbitration]. Employee acknowledges that by agreeing to arbitration, they are waiving their right to a jury trial.
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in [County Name] County, West Virginia.

Employee Rights

• Right to Inspect Personnel File: Employee has the right to inspect their personnel file in accordance with West Virginia Code.
• Whistleblower Protection: Employee has the right to raise legal compliance concerns without fear of retaliation, as provided by West Virginia law.

Compliance with Laws

• Employer and Employee agree to comply with all applicable local, state, and federal laws, rules, and regulations.
• Employee will maintain all necessary professional certifications or security clearances.

Severability

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

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.

Attachments and Acknowledgements

• Employee Handbook Receipt
• IT Policies Acknowledgement
• Benefits Summary
• [List any other attachments]

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature:

Date: