- Statutes: Not mentioned in state statutes.
- Legally Enforceable? Yes, West Virginia courts uphold non-solicitation agreements and are more likely to enforce them than non-compete agreements.
- Requirements (Wood v. Acordia of W. Va., Inc., 618 S.E.2d 415 (2005)): The courts in West Virginia have determined that non-solicitation agreements may be enforced if the restrictions:
- Protect the employer’s legitimate business interests;
- Do not unfairly restrict the employee from engaging in their chosen profession; and
- Are reasonable in length.
Related Forms (2)
West Virginia Non-Compete Agreement – Prevents an individual from seeking employment from competing companies for a specified time period.
West Virginia Non-Disclosure Agreement – Dictates that the signing individual may not release confidential information.