§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in West Virginia is governed by Common law. Non-competes enforceable if reasonable. West Virginia courts apply a traditional reasonableness analysis.
§ 2. Compensation Threshold Requirements
West Virginia does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
West Virginia does not codify a maximum duration. Courts generally uphold 1-2 years. In practice, 1-2 years is generally considered the outer limit of reasonableness, though outcomes vary significantly based on the employee's role and access to trade secrets.
§ 4. Judicial Modification (Reformation Doctrine)
West Virginia follows the reformation doctrine, granting courts broad authority to rewrite overbroad non-compete terms. This is the most employer-favorable approach — even a poorly drafted agreement may be reshaped into an enforceable restriction.
§ 5. Consideration & Contract Formation
Continued employment generally sufficient. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 6. Effect of Involuntary Termination
Courts may consider circumstances; recognized tortious interference claim when former employer's threats caused new employer to fire the employee (Voorhees v. Guyan Machine Co.). Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.
Practitioner Notes
Voorhees v. Guyan Machine Co. case recognized claim where former employer's threats led to employee being fired by new employer.