West Virginia Non-compete Agreement Template

A West Virginia non-compete agreement is a written contract in which a worker promises not to compete with a business for a set time. It can also bar the worker from luring away the business's staff and customers. Our free West Virginia non-compete agreement template is a ready-made PDF you can fill in, print, and sign. West Virginia limits physician non-competes to one year and thirty road miles at most.[1]

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current West Virginia law. If you notice an error or outdated information, please contact us.

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What Does a West Virginia Non-compete Agreement Cover?

A non-compete agreement is a contract between a company and a worker. The worker promises not to compete with the company, or lure away its staff and customers, during the job and for a set time afterward. Our form calls the worker the Agent. The company can sign it with an employee or an independent contractor.

Our free West Virginia non-compete agreement template has these parts:

  • Parties and date. The effective date, plus the name and address of the Agent and of the Company.
  • Term. The agreement lasts through the working relationship and for the number of years you fill in after it ends.
  • Non-competition. You check whether the Agent may not work for any direct competitor or only for businesses you name. You can add a geographic area and say whether the restriction applies to online business.
  • Non-solicitation. During the term, the Agent may not lure away the Company's employees, contractors, customers, or vendors.
  • Limitation. If a court finds a restriction unreasonable, the parties agree the court may narrow it.
  • Applicable law. West Virginia law governs, and you fill in the county for any court action.
  • Signatures. The Agent and the Company each sign with a printed name and title.
Tip: the FormsPal template has no confidentiality clause. If you also need to protect confidential information, such as customer lists or software, add a clause for it or sign a separate confidentiality agreement.

After you download the PDF, you can fill it in on screen with our PDF editor. Each side should keep a signed copy. For a version that is not specific to West Virginia, see our non-compete agreement template.

What Are the West Virginia Non-compete Limits for Physicians?

Section 47-11E-2 of the West Virginia Code limits non-compete agreements for physicians. A covenant not to compete in a contract between a physician and an employer can last one year at most. It can reach thirty road miles at most from the physician's primary place of practice with the employer.[1]

In short, the statute sets three limits on a physician non-compete:

  • Duration. One year at most.[1]
  • Distance. Thirty road miles at most from the physician's primary place of practice with the employer.[1]
  • Employer ends the job. The covenant is void and unenforceable.[1]

The statute says:

A covenant not to compete shall be void and unenforceable upon the termination of the physician's employment by the employer.

W. Va. Code § 47-11E-2

In plain words, once the employer ends a physician's employment, the non-compete no longer binds the physician.

These limits are written for physicians. For any other worker, have a West Virginia employment lawyer review the agreement before you rely on it.

FormsPal's template is a general-purpose form, not one drafted for physicians. With a physician, set the term at one year or less. Keep any geographic area within thirty road miles of the physician's primary place of practice.[1]

The physician rules sit in Article 11E of Chapter 47 of the West Virginia Code. Section 47-11E-1 defines its terms, Section 47-11E-2 sets the limits above, and Sections 47-11E-3, 47-11E-4 and 47-11E-5 cover the enforceability of other provisions, exemptions to the limitations, and applicability.[2]

Frequently Asked Questions

How long can a physician noncompete last in West Virginia?

No more than one year. West Virginia's statute limits a covenant not to compete in a contract between a physician and an employer to one year in duration. That is the longest the restriction can last.[1]

How far can a physician noncompete reach from the practice in West Virginia?

No more than thirty road miles from the physician's primary place of practice with the employer.[1]

Is a physician noncompete void in West Virginia if the employer ends the employment?

Yes. A covenant not to compete is void and unenforceable once the employer terminates the physician's employment.[1]

General information, not legal or tax advice.

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Other West Virginia Forms
We provide a variety of important West Virginia templates to anyone in quest of ease when handling various paperwork.

Sources

  1. W. Va. Code § 47-11E-2.
  2. W. Va. Code §§ 47-11E-1 to 47-11E-5.
Published: Apr 12, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.