West Virginia Employment Contract: Definition, Key Considerations

Quick Facts — Employment Contract Lawyers

What is a West Virginia Employment Contract?

An employment contract in West Virginia is a legally binding agreement between an employer and an employee. This contract outlines the terms of employment and describes an employee’s duties and expectations in return for set compensation and benefits.

Issues that are often settled in an employment contract include:

  • Employee’s title and job duties
  • Salary and benefits
  • Company policy and procedures
  • Disciplinary actions
  • Causes for termination
  • Non-compete and non-disclosure clauses

Are Employment Contracts Enforceable in West Virginia?

Employment contracts, including contracts with restrictive clauses like non-compete agreements, are enforceable in West Virginia. Courts will enforce employment contracts as long as they are reasonable and do not violate laws or public policy.

West Virginia considers whether an employment contract, specifically a non-compete agreement, is reasonable and enforceable if it meets the following standards:

  1. Is not more restrictive than necessary to protect an employer
  2. Does not impose undue hardship on an employee
  3. Does not injure the public

What Are the Legal Requirements for West Virginia Employment Contracts?

Employment contracts in West Virginia can be written or oral, but there are some limitations. Oral agreements must be able to be completed within a year, otherwise they must be written. For this reason, most employment contracts should be in writing. A written contract is easier to enforce because there is a tangible document with set terms and conditions.

Types of West Virginia Employment Contracts

There are several types of enforceable employment contracts in West Virginia including:

  • Permanent employment agreement. Used for permanent employees who will have set hours, compensation, and no end date for employment.
  • Non-disclosure agreement. Prevents the employee from disclosing confidential company information and trade secrets after employment.
  • Non-compete agreement. Prevents the employee from competing with the employer in the same industry by starting a new business or working for a competitor.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in West Virginia?

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Morgan S. on ContractsCounsel
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4.9 (18)
Member Since:
July 31, 2023

Morgan S.

Attorney
Free Consultation
Austin, Texas
5 Yrs Experience
Licensed in WV NY, TX
University of Pittsburgh Law School

Corporate Attorney that represents startups, businesses, investors, VC/PE doing business throughout the country. Representing in a range of matters from formation to regulatory compliance to financings to exit. Have a practice that represents both domestic and foreign startups, businesses, and entrepreneurs. Along with VC, Private Equity, and investors.

Recent  ContractsCounsel Client  Review:
5.0

"Morgan delivered far beyond the price point. He didn't just review our investor package — he caught gaps two other reviewers missed (including a top-tier venture firm we benchmarked him against), rebuilt the custom documents to professional standard, and added missing closing mechanics we didn't even know we needed: the 83(b) election, escrow instructions, stock assignment. He pushed back on his own client when the documents said otherwise — that's the lawyer you want. §144 analysis citing the 2025 Delaware reform, triple anti-broker-dealer protections, a related-party ARR cap he invented on his own — depth you'd expect at five times the fee, closed out with a proper written memo on firm letterhead. The timeline ran a bit longer than planned in places, but the result was more than worth it: every item closed, every question answered, the whole package consistent and ready to sign. Very happy overall — would hire again, and our next project is already queued."

Christopher M. on ContractsCounsel
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April 4, 2025

Christopher M.

Business Lawyer
Free Consultation
Philadelphia, Pennsylvania
12 Yrs Experience
Licensed in WV PA
University of Pittsburgh

Experienced in-house counsel with a strong track record in commercial contracting, data privacy, and regulatory compliance across global organizations. Skilled at aligning legal strategy with business objectives, negotiating complex agreements, and mitigating enterprise risk. Passionate about enabling innovation through practical, business-focused legal solutions.

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"Allen was great to work with! He was very responsive, thorough, and made sure I was satisfied with his work. His insight was invaluable to have before entering into an employment/investment contract with my employer. I would definitely work with him again for any needs in the future!"

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"I needed an APP employment contract reviewed and I engaged Allen to do the work. Very shortly after I took him on and uploaded the contract, he contacted me to verify things and to let me know what to expect. He turned around the review within one day, and it was thorough and comprehensive. I asked a few follow-up questions and he was prompt in replying and detailed in his answers. I would not hesitate to hire Allen in the future for this type of work again."

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Matthew C. on ContractsCounsel
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Matthew C.

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Matt Curry is a seasoned attorney specializing in real estate law and contract matters. With a deep understanding of contract law and extensive experience in negotiating and drafting contracts, Matt has earned a reputation for providing exceptional legal counsel to clients. As the founder and principal attorney at MPC LAW, Matt is committed to delivering tailored legal solutions. MPC LAW is renowned for its expertise in real estate transactions, lease agreements, contract negotiations, and dispute resolution. Matt's approach combines legal acumen with a client-centered focus, ensuring that every client receives personalized attention and strategic advice. Whether navigating complex real estate deals or resolving contractual disputes, Matt and his team at MPC LAW consistently achieve favorable outcomes for their clients. With a track record of success and a commitment to excellence, Matt Curry and MPC LAW are trusted partners for individuals and businesses seeking reliable legal counsel in real estate and contract matters.

Samuel S. on ContractsCounsel
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Samuel S.

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Born in Cleveland, Ohio - 9/15/1974 Lived in Cleveland all my life went to college at Ohio Wesleyan University - graduated in 1996 went to law school at Cleveland Marshall College of Law - graduated in 2001 passed the OH bar exam in 2003 worked at the OH Atty General's office, at cuyahoga county prosecutor office and as a solo practitioner

Faye C. on ContractsCounsel
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Faye C.

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Practical, efficient and creative solutions for businesses and individuals has been my passion for over a decade. We work with individuals and families to plan their legacies. Estate planning is more than some pieces of paper - it is a gift to your family. From every changing tax laws to questions about probate vs non-probate property, I thrive on counseling others and providing peace of mind. The same mindset goes into working with solopreneurs, entrepreneurs and executives for variety of businesses, addressing their most pressing issues on any given day. From inception to contract drafting to succession planning, we thrive on working with those with lots of ideas to devise and implement strategies to bring those ideas to fruition, foreseeing and anticipating potential pitfalls as well as areas of potential growth.

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I am a Swiss-American lawyer based in Florida and specialize in business, investments, and other civil matters. I have won many cases in both state and federal litigation, and arbitration. Before litigation or arbitration, however, I like to prevent these legal disputes by ensuring my clients base their business on strong concrete contracts that will protect them even decades down the road. My clients are my top priority, which is why they get my personal cell and can reach me anytime. My firm is also established on the extremely high standards of professionalism, transparent itemized billing, fast turnaround times and more. For more information, visit: https://www.transnationalmatters.com/

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Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

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Asked on Oct 4, 2021

I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.

Can I get more on my severance since I was let go after complaining about discrimination to my employer?

Donya G.

Answered Oct 5, 2021

That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon

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Employment

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Asked on Apr 12, 2025

Can a company withhold a performance bonus if I leave before the payout date?

I recently resigned from my job, and in my employment contract, there was a provision for a performance bonus to be paid out at the end of the year. However, the payout date is a few months away, and I am concerned that the company may try to withhold the bonus since I am no longer employed with them. I want to know if they have the legal right to do so, or if I am still entitled to receive the bonus based on my performance during my time of employment.

Jerome L.

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This is a great—and very common—question. Whether the company can legally withhold your performance bonus after resignation depends heavily on how your employment agreement is written and how the bonus is classified. Key Factors to Consider: 1. Is the Bonus Discretionary or Earned? If your contract defines the bonus as discretionary, the employer generally has the right to decide whether to pay it and can condition it on continued employment. If the bonus is based on meeting specific performance goals or metrics, and those have been satisfied, it may be considered earned—even if the payment date is in the future. 2. Does the Contract Require You to Be Employed on the Payout Date? Many agreements include language stating the employee must be actively employed on the bonus payout date. If such a clause exists, the company may be within its rights to withhold the bonus, even if the performance was completed. 3. What Is the Bonus Period? If your bonus was based on a performance period that has already ended (such as a calendar or fiscal year), and you met your goals, you may have a stronger case for claiming the bonus as earned compensation. Georgia-Specific Note: In Georgia, employment is at-will, and courts generally uphold the terms of a written employment agreement. However, Georgia courts have also recognized that earned wages (which can include bonuses if not discretionary) must be paid. If the bonus is performance-based and the company has paid similar bonuses under the same conditions in the past, you may have grounds to assert that the payment is owed. What You Can Do: Review your employment agreement and any bonus policy documents closely. Look for phrases like “discretionary,” “earned,” and “must be employed on the payout date.” If the language is unclear, you may want to consult an attorney to evaluate whether the company is legally permitted to withhold the bonus—or if you may have a claim based on how the bonus was structured and earned. If you would like help reviewing your agreement, I’d be happy to assist.

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Asked on Oct 4, 2022

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I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.

Donya G.

Answered Nov 1, 2022

Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon

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Asked on Apr 19, 2023

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I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.

Diane D.

Answered May 10, 2023

A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.

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