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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