The West Virginia non-compete & non-solicitation agreement allows an employer to impose restrictions on an employee that prevent them from operating with competitors and soliciting employees and clients. Through the use of the contract, the employer protects their business interests both while the individual is employed and for a predetermined period following employment. The employer is also given the ability to define a geographic range in which the employee is prohibited from engaging in unfair business competition.
Laws – West Virginia law only covers non-compete & non-solicitation agreements for physicians (see below). For all other employment types, the employer should be sure to impose restrictions based on the following principles:
- The restrictions are necessary to safeguard the employer’s business interests.
- The restrictions are reasonable in terms of the time limitation and geographic area.
- The restrictions do not impose on the employee’s ability to earn a livelihood.
- The employee was offered valuable consideration upon entering into the agreement.
Non-Compete Limit – West Virginia statutes only cover limitations imposed on physicians (see below).
- Physician Agreements – § 47-11E-2:
- Geographical Limit – Thirty (30) road miles.
- Time Limit – One (1) year.
Non-Solicitation Limit – No statutory defined limit.