West Virginia Non-Solicitation Agreement

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Updated January 04, 2022

West Virginia non-solicitation agreement is a contract between an employer and employee that prevents the employee from soliciting the employer’s customers upon the termination of employment, for a period and are considered reasonable. This is intended to protect the employer’s business interests.

Legally Enforceable in West Virginia?

Yes, non-solicitation agreements are enforceable in West Virginia, though only when the court finds them reasonable in terms of timeframe and geographic area in which non-solicitation is prohibited. There is no state law dealing specifically with these agreements, but case law shows that if an agreement protects an employer’s legitimate business interests, does not curb the employee’s freedom unnecessarily, and does not run counter to the public interest, it will hold up in court (Reddy v. Community Health Found. of Man (1982)). State law does, however, limit restrictions on competition from employers for physicians. These contracts must not be valid for longer than one (1) year or beyond thirty (30) miles (Physicians Freedom of Practice Act §47-11E-1 to 11E-5).