[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Software Dev Senior Engineer Offer Letter for Robert



September 9, 2013
United States

Dear Robert:
Congratulations, and welcome to the XXXX Team!  We are pleased to extend our offer of employment. Yourtitle will be Software Dev Senior Engineer, reporting to Leon. Your tentative start date is October 7,
2013.
You will receive information regarding orientation and report to instructions as you begin the process ofelectronically filling out your New Hire paperwork in our XXXX Onboarding Portal.

We encourage you to complete the background check steps as soon as
possible, so as not to delay your employment with XXXX.  You will
receive further instructions on how to initiate your background check
and pre-employment drug screen from XXXX's screening vendor. Once you
initiate the drug screen process withour pre-employment vendor you will
have 48 hours to complete your drug screen. To comply with federal law,
we must also ask you to gather whatever documentation you may need to
prove your eligibility to workin the United States. You will receive a
link to XXXX's Onboarding website, which contains instructions regarding
the I-9 form, which must be signed and dated on your first day of
work. This form lists thedocuments that may be used to establish
employment eligibility. Please print this documentation and bring it
with you on your first day of work.  Compensation We are pleased to
offer you a starting salary to be paid via automatic direct deposit into
an account with the bank of your choice, per XXXX policy. Direct Deposit
is required, except where prohibited by state law. For more information
on direct deposit, please refer to the detailed information on XXXX's
Onboarding website.

You will be eligible for an annual bonus of 8% of your salary on terms
that may vary, depending upon thecompany's financial results and
attainment of strategic corporate initiatives.  If you start on or
before November 4, 2013, you will be eligible to participate on a
pro-rated basis, calculated from your start date. If you start after
November 4, 2013, you will be eligible to participate beginning February
3, 2014. XXXX reserves the right to vary the terms and amount of your
bonus, depending upon your performance, the company's financial results
and attainment of strategic corporate initiatives. The terms of the
Bonus Plan are subject to annual re-evaluation and modification by
XXXX's Board of Directors.  Benefits XXXX offers a variety of benefits
to assist you and your family, including time away from work, health
care plans, and capital accumulation programs. For a summary description
of your benefits and options, please see the benefits information on
XXXX's Onboarding website.  Additional Important Information This
conditional offer will remain open until September 12, 2013 and is
contingent on the following:

* successful completion of all aspects of the candidate application
process, which includes passing a pre-employment drug screen and
background check and providing proof of your eligibility to work in the
United States; and

* the return, prior to your start date, of signed copies of this letter
  and the Employment Agreement,and any applicable payback agreements

* successful completion of the export licensing review process,
  including the return of a signed Export Licensing Information Form
  and, if necessary, XXXX's receipt of a valid export license from the
  Department of Commerce.

"At Will" Employment" For your benefit and XXXX's, your employment with
XXXX will be "at will," meaning that it can be terminated by you or by
XXXX at any time, with or without cause or advance notice. By accepting
this job offer, you agree that no contrary representation has been made
to you. This "at will" employment relationship will remain in effect for
the duration of your employment and can only be modified by an express
written contract for a specified term, signed by you and the
Chairman/President of XXXX. It may not be modified or altered by any
oral or implied agreement. This letter constitutes our entire agreement
regarding the term of your employment.

Acceptance: To accept this offer, please contact me to inform me of your
intent to accept.  I will then send you a link that will enable you to
electronically sign the letter and accept XXXX's offer.  Please retain
this offer letter for your records.  We would like to request that you
keep the information included in this offer letter confidential.  We are
pleased to welcome you to XXXX.  Should you have any questions, or would
simply like further information, please do not hesitate to contact me.

Sincerely,
Recruiter
Enc.
Cc: Leon

I accept this offer of employment:

Signed: ___________________________________

Date: ___________________________________XXXX Employment Agreement

I agree to the following terms regarding my employment or continued
employment with XXXX or a subsidiaryor affiliate of XXXX (collectively,
XXXX). I enter into this Agreement in consideration of: the salary,
wages, and benefits paid to me by XXXX; the confidential and proprietary
information provided to me by XXXX; and XXXX's association of me with
XXXX's goodwill. I understand that XXXX agrees to employ me only on the
condition that I agree to honor and to be bound by the provisions of
this Agreement.

1. I will devote my best efforts to performing the duties that XXXX may
assign to me from time to time.

2. My employment at XXXX is not for any specified period of time. Either
I or XXXX may terminate my employment at any time for any reason, with or
without cause or advance notice. If I terminate my employment, I will
give XXXX a minimum of two weeks' advance written notice.

3. While I am a XXXX employee, I will promptly disclose all Intellectual
Property to XXXX. Intellectual Property includes each discovery, idea,
improvement, or invention I create, conceive, develop, or discover, in
whole or in part, alone or with others, (a) on XXXX's time, (b) which
relates to XXXX's business, or (c) which resultsfrom the use of XXXX's
equipment, supplies, facilities, or information. All Intellectual
Property, in whatever form, is XXXX's property. I assign to and agree to
assign to XXXX and its nominees, without additionalcompensation, all of
my rights in Intellectual Property. I will assist XXXX in all ways in
the future, including giving evidence and executing any documents deemed
helpful or necessary by XXXX, to establish, perfect,and register
worldwide, at XXXX's expense, such rights in Intellectual Property. I
will not do anything in conflict with XXXX's rights and will cooperate
fully to protect Intellectual Property against misappropriation
orinfringement. In accordance with Section 2870 of the Ca Labor
Code (available on XXXX's intranet), this assignment shall not apply to
an invention that I developed entirely on my own time without using
XXXX's equipment, supplies, facilities, or trade secret information
except for those inventions that either: (1) relate at the time of
conception or reduction to practice of the invention to XXXX's business,
or actual or demonstrably anticipated research or development of XXXX; or
(2) result from any work performed by me for XXXX. For one year
following my separation from XXXX employment for any reason, I will
disclose to XXXX's General Counsel each patent application into which I
had any material input or for which I provided any material intellectual
support.

4. I agree that XXXX will be the copyright owner in all Copyrightable
Works of every kind and description created or developed by me, solely
or jointly with others, in connection with any employment with XXXX, and
that such Copyrightable Works are works made for hire. If requested to,
and at no further expense to XXXX, I will execute in writing any
acknowledgments or assignments of copyright ownership of such
Copyrightable Works as may be appropriate for preservation of the
worldwide ownership in XXXX and its nominees of suchcopyrights. I
irrevocably appoint XXXX as my attorney-in-fact for the sole purpose of
executing all necessary documents relating to the registration or
enforcement of XXXX's copyrights, patents, and other
intellectual property rights. XXXX may not waive its rights to any
Copyrightable Work or other intellectual property except through a
written instrument that specifically waives its rights to a specific
Copyrightable Work or piece of intellectual property, references this
paragraph, and is signed by a XXXX officer following my full and
complete disclosure in writing of the existence and nature of the
Copyrightable Work or other piece of intellectual property.

5. If Schedule A is attached to this Agreement, I have chosen to exclude
from the operation of this Agreement those previous inventions and
improvements listed in Schedule A. Under Schedule A, I have listed the
titles of all my ideas, inventions, improvements, works of authorship,
and discoveries, patented or unpatented, copyrighted or not copyrighted,
that have been completed or are in progress at the date of this
Agreement. As a matter of establishing a record, these ideas,
inventions, improvements, works of authorship and discoveries that are
in progress have been fully described by me. If I believe
a confidentiality obligation I owe to any other person or entity prevents
me from providing a full description, I will explicitly state this fact
on Exhibit A and provide as extensive a description as I believe I am
permitted to provide in light of that confidentiality obligation. I
understand that I must provide the Schedule before I sign this Agreement
and that no such ideas will be excluded from operation of this Agreement
unless theyare properly identified in the Schedule prior to my execution
of this Agreement. I further understand that I cannot make any changes
to the Schedule after this Agreement has been signed.

6. XXXX will associate me with XXXX's goodwill and give me Confidential
Information. I understand and agree that, for purposes of this Agreement,
"Confidential Information" means: all information and data in whatever
form that is valuable to XXXX and is not generally known outside of
XXXX; all XXXX proprietary information; all XXXX trade secrets; and all
information and data in whatever form that is disclosed by others in
confidence to XXXX. I understand that Confidential Information may not
be explicitly marked as confidential. If I havedoubts about whether
particular information is Confidential Information, I will promptly
consult XXXX's Legal Department for guidance in advance. I understand
and agree that Confidential Information includes, but is not limited to,
the information described below:

A. Technical information of XXXX, its affiliates, its customers or other
third parties that is in use, planned, or under development, such as but
not limited to: manufacturing and/or research processes or strategies;
computer product, process, and/or devices; software product; and any
other databases, methods, know-how, formulae, compositions,
technological data, technological prototypes, processes, discoveries,
machines, inventions,and similar items;

B. Business information of XXXX, its affiliates, its customers, or other
third parties, such as butnot limited to: information relating to XXXX
employees (including information related to performance, skillsets, and
compensation); actual and anticipated relationships between XXXX and
other companies; financial information; information relating to customer
or vendor relationships; product pricing, customer lists, customer
preferences, financial information,credit information; and similar
items; and

C. Information relating to future plans of XXXX, its affiliates, its
customers, or other thirdparties, such as but not limited to: marketing
strategies; new product research; pending projects and proposals;
proprietary production processes; research and developmentstrategies;
and similar items; and

D. All "trade secrets" within the meaning of the Uniform Trade Secrets
Act. I hereby waiveany requirement that XXXX submit proof of the
economic value of any trade secret or post a bond or other security to
enforce its rights under applicable law.

7. To protect the Confidential Information and XXXX's goodwill, I agree
as follows:

A. I will not use, publish, misappropriate, or disclose any Confidential
Information, during or after my employment, except as required in the
performance of my duties for XXXX or as specifically authorized in
writing by XXXX.

B. While I am employed by XXXX and for the one-year period immediately
following the termination of my employment for any or no reason, I will
not communicate in any way with any other person regarding (a) a Company
Employee leaving the employ of XXXX; or (b) a Company Employee seeking
employment with any other employer. A "Company Employee" means any
person employed by XXXX or any person who left employment with XXXX
within the preceding 60 days.

C. Upon demand or when my employment with XXXX ends, whichever comes
first, I will promptly deliver to a designated XXXX representative all
originals and copies of all materials, documents, and property of XXXX
which are in my possession or control. I also will cooperate in
conducting an exit interview with a designated XXXX representative.

D. I will comply with any other restrictive covenants that are part of
any agreements I have with XXXX.

8. I will not export or otherwise transfer out of the United States or
release to any person within the United States, Controlled Technology or
Software, during or after my employment, except as authorized in writing
by XXXX. Controlled Technology or Software is technology or software
controlled under the U.S. Export Administration Regulations. Release
within the United States includes disclosure to any person, oral
exchanges with persons in the United States or abroad, and application
to situations abroad of personal knowledge or technical experience
acquired in the United States. If I have any doubts regarding whether
particular information is Controlled Technology or Software, I will
promptly consult XXXX's Legal Department or XXXX's Trade Compliance
Organization.

9. I will not use in my work or disclose to XXXX any confidential or
proprietary information of a third party unless XXXX first receives
written authorization from that third party. I will not violate my
confidentiality or other obligations owed to any person or entity,
including former employers.

10. I agree to act legally and ethically at all times while I am
employed by XXXX and to abide by all applicable laws and regulations, as
well as the provisions of the XXXX Code of Conduct (receipt of which I
hereby acknowledge) and all policies, procedures, standards, directives,
and rules as may be adopted or modifiedby XXXX from time to time, and I
hereby agree to review and regularly re-review same to ensure I am
familiar with the current version of same. I agree to complete all
required training, including but not limited to ethics and compliance
training, in a timely and ethical manner. I agree to timely and properly
report possible or actual illegal and unethical behavior to XXXX when I
become aware of it. I further agree to fully cooperate in investigations
undertaken by XXXX.

11. I agree that my name, voice, picture, and likeness may be used in
XXXX's advertising, training aids, andother materials without payment of
separate compensation to me. I will not issue or release any articles,
advertising, publicity, or other matter relating to XXXX, or provide any
information regarding XXXX to any otherperson intending to do so,
without XXXX's specific written consent.

12. I agree I may receive delivery of notices and other communications
at the e-mail address assigned to me by XXXX, through publications to
XXXX's intranet, and through other electronic means of communication. I
authorize XXXX to accept my electronic signature as binding and final on
any notice, agreement, or other document and to process
employment-related transactions, including transactions involving
benefits or compensation or any other aspect of employment,
electronically. I agree that my electronic signature mayconsist of
clicking a button or engaging in other conduct reasonably understood to
indicate my agreement.

13. If I enter into any employment, consulting, or other service
relationship within one year of leaving XXXX's employ, I will give
written notice to my former XXXX manager within five business days of my
acceptance of such service relationship. I will include the name and
address of the entity or business concern involved (if any) and the
title, nature, and duties of the employment, consulting, or other
service relationship. I expressly consent to and authorize XXXX to
disclose both the existence and terms of this Agreement to anyfuture
employer or other user of my services.

14. I agree that, except as may be required by law or court order or as
is otherwise permitted by this Agreement, I will not, whether openly,
anonymously, or under pseudonym, in any individual or representative
capacity whatsoever, make any statement, oral or written, which is
detrimental in any material respect to the reputation or goodwill of
XXXX. I understand my compliance with a subpoena or other legally
compulsive process or my participation as a witness in any lawsuit will
not be a violation of this provision. I also understand that this
Agreement does not prohibit me from discussing terms and conditions of
my employment. I further agree that I will give XXXX my full cooperation
in connection with any claims,lawsuits, or proceedings that relate in
any manner to my conduct or duties, or that are based on facts about
which I obtained personal knowledge, while employed at XXXX. XXXX will
reimburse me for my direct andreasonable out of pocket expenses
(excluding attorney's fees) incurred with respect to rendering such
cooperation.

15. I agree that any violation of my obligations under paragraphs 6
through 9 would cause irreparable harm to XXXX, and I agree that XXXX
will be entitled to an injunction restraining any violation or further
violation of such paragraphs. If any term, provision, covenant, or
condition of this Agreement is held by a court ofcompetent jurisdiction
to be invalid, void, or unenforceable, the validity and enforceability
of the remaining terms, provisions, covenants and conditions of this
Agreement shall not in any way be affected, impaired orinvalidated.

16. farmerinthedell AND I WAIVE A TRIAL BY JURY OF ANY OR ALL ISSUES ARISING IN ANY
ACTION OR PROCEEDING BETWEEN farmerinthedell AND ME, INCLUDING ANY ACTION OR
PROCEEDING ARISING OUT OF, UNDER, OR CONNECTED WITH THIS AGREEMENT, ANY
OF ITS PROVISIONS, MY EMPLOYMENT RELATIONSHIP WITH farmerinthedell, ANY
COMPENSATION OR BENEFITS ASSOCIATED WITH MY EMPLOYMENT RELATIONSHIP WITH
farmerinthedell, OR ANY TERMINATION OF MY EMPLOYMENT RELATIONSHIP WITH farmerinthedell.

17. This Agreement constitutes my entire agreement with XXXX concerning
the topics covered. These documents replace completely any earlier or
contemporaneous communication or agreement with XXXX about these topics,
apart from restrictive covenants I have previously entered with
XXXX. The laws of the State of Texas govern this Agreement. The exclusive
venue for the resolution of any dispute between XXXX and me other than
those arising out of any stock, stock unit, or stock option agreements
shall be the statecourts situated in Williamson County, Texas, or the
federal courts with jurisdiction over Williamson County, Texas.  I have
carefully read the Agreement, and I understand and accept its terms. I
agree that I will continue to bebound by the provisions of this
Agreement after my employment with XXXX has ended.

_________________________               _________________________              _________________________
 Signature                                                      Printed Name                                               Date

NOTE: Schedule A is not a part of this Agreement or accepted by XXXX if
the Schedule has not been initialedby a member of XXXX's Legal
Department.

Schedule A To XXXX Employment Agreement
Employee Name: _________________________ Badge Number:________________

(For Recruiter use only)

(List previous inventions and improvements and continue on attached sheet if necessary.)

Number of pages of disclosure statements attached (write None if none
are attached):______________________ Employee Initials:
______________Approved by XXXX Legal: __________________If not
applicable, please leave blank and return with your signed offer
letter.

IMPORTANT NOTICE FOR FOREIGN NATIONALS
For national security and foreign policy reasons, the U.S. Government
imposes limitations on the information that can be released or disclosed
to foreign nationals in the United States.  XXXX, as a U.S.  company,
must abide by these regulations.  Accordingly, foreign nationals who
perform work for XXXX maybe subject to these limitations.  The scope of
such limitations will depend upon the foreign national's country of
citizenship and the precise nature of the technology or software to be
released to the foreign national.  In some cases, a license must be
obtained from the Department of Commerce before foreign nationals can
receive controlled technology or software.  Provision of the information
below will assist XXXXin determining whether a license may be necessary.

Additionally, federal immigration laws require valid work authorization
for employees to begin or continueemployment with XXXX.  In certain
cases, XXXX may be able to assist an employee in obtaining or renewing
work authorization.

NOTE: Completion of this form prior to receipt of an offer of employment
is voluntary.  However, please be aware that obtaining a U.S. export
license and applying for or renewing work authorization can be
time-consuming.  To avoid a possible delay of your potential employment
with XXXX, please complete andreturn this form as soon as possible.

EXPORT COMPLIANCE
1.  Are you a U.S. Citizen?   ____Yes  ____No
If your answer to this question is "Yes," stop here and proceed to the
end of this document to sign and datethe Certification.  If your answer
to this question is "No," please proceed to Question #2.
2.  What is your country of citizenship? [Please list all countries if a
citizen of more than one.]______________________________________

3.  Are you a:
U.S. permanent resident (or Conditional Permanent Resident); or
U.S. temporary resident or applicant for temporary residence, Refugee or
Asylee? [Note: A "U.S.  temporary resident" is an individual who has
applied for Amnesty under IRCA and does not include personswho are
present in the U.S. on visas (for example, H-1B or L-1 visas).]
  ____Yes  ____No

If your answer to this question is "Yes," please provide your Resident,
Refugee or Asylee #___________and proceed to Question #4.

If your answer to this question is "No," please proceed to the next
section.

4.  Have you: failed to apply for naturalization within 6 months of
becoming eligible to do so; or failed to pursue citizenship within 2
years of applying for naturalization?
____Yes  ____No

WORK AUTHORIZATION
All candidates for employment must be able to present proof of legal
authorization to work in the United States within the first three days of
employment.  If your current work authorization is subject to
expiration, it may become necessary to renew your work authorization
prior to or during your employment at XXXX. Please note, obtaining
proper work authorization may cause delays in your anticipated start
date. If you have any questions, please contact your recruiter.

Is your legal authorization to work subject to expiration?                          ____Yes  ____No

If you answer is "Yes," please complete the following:
Position Sought: _____________________________  
Name of Recruiter: ___________________________
Type of Legal Authorization to Work and Expiration Date (if applicable): _______________

CERTIFICATION
I certify that all information that I have furnished to XXXX is
truthful, accurate and complete. I understand thatby signing this Export
Compliance Information Form, I am making material representations of
fact to XXXX, on which XXXX will rely in making decisions concerning my
employment. I further understand that these representations may be
submitted by XXXX in filing with an agency of the U.S. Government. I
understand that if I have made any false statements or if I have
misrepresented any material facts or failed to discloseany material
facts in connection with my application for employment, including the
export licensing review process, my offer of employment may be
withdrawn, or I may be subject to immediate termination of myemployment.

______________________________ Signature         ______________________________ Printed Name
______________________________Date

If your work authorization is subject toexpiration, please note the
following: Foreign Students If you are a foreign student (F-1) with
authorization for Optional Practical Training, you must have
an Employment Authorization Document (EAD card) in order to start working
for XXXX.  That card is valid for a maximum of 12 months.  You will have
to apply for a XXXX sponsored visa to continue your employment
thereafter.  In order to minimize the risk that your work authorization
will expire and your employment at XXXX terminated, a visa application
must be submitted as soon as possible and in no event later than
fourmonths before the expiration date of your OPT.  Please contact your
recruiter for further information on starting the visa application
process.

Other Holders of Work Authorization Cards
If you have a renewable work authorization card issued by INS, you must
request a renewal from INS at least 90 days prior to the card's
expiration in order to maintain work authorized status.  If your current
cardexpires, before your renewal card is issued, your employment would
have to be terminated until your new card arrives.

Holders of Visas (such as H-1B, L-1, O-1 or TN) Obtained by Other Employers
If you have a visa that was obtained for you by an employer other than
XXXX, you will need to have a new visa sponsored by XXXX in order to
commence work at XXXX.  This process can take up to four months
tocomplete.  Contact your XXXX recruiter to start the visa application
process.


Why do you want this page removed?