Are Non-Competes Enforceable in West Virginia?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable if reasonable
Enforced if reasonable; physician covenants capped at 1 yr/30 mi
West Virginia has no general non-compete statute. A covenant that is unreasonable on its face is void, while one that is reasonable on its face is presumptively enforceable once the employer shows a protectable interest; the employee may rebut by showing a narrower covenant would protect the employer. Physician covenants are capped at one year and 30 road miles and are void if the employer ends the physician's employment.
Check a non-compete
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Thresholds are measured differently by state (salary, cash compensation, W-2 box 1).
Enforceable if reasonable
West Virginia enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- West Virginia: Enforced if reasonable; physician covenants capped at 1 yr/30 mi. W. Va. Code 47-11E-1 to -5 (physicians)
Other West Virginia rules to check
- If a court finds it too broad: Courts have discretion to modify or refuse to enforce.
General information, not legal advice. Enforceability also depends on the exact wording, the employer's legitimate interest and the facts; talk to an employment lawyer before relying on it.
West Virginia non-compete rules
- Overbroad covenants
- Courts have discretion to modify or refuse to enforce
Profession-specific rules
- LimitedIn physician-employer contracts entered into, modified, renewed or extended on or after July 1, 2017, a non-compete may last no more than 1 year and 30 road miles from the primary practice and is void if the employer terminates the employment; physicians who sold their practice and physician-owners are exempt. Patient and employee non-solicits and cost-repayment terms remain enforceable. W. Va. Code 47-11E-2
Federal law
There is no federal ban on employee non-competes. The FTC's 2024 Non-Compete Clause Rule (16 CFR Part 910), which would have voided most non-competes from September 4, 2024, never took effect: a Texas federal court set it aside nationwide on August 20, 2024 (Ryan LLC v. FTC). On September 5, 2025 the Commission voted 3-1 to drop its appeals and accept that ruling, and on February 12, 2026 it formally removed Part 910 from the Code of Federal Regulations. State law therefore decides whether a non-compete is enforceable.
Frequently asked questions
Are non-competes enforceable in West Virginia?
Enforced if reasonable; physician covenants capped at 1 yr/30 mi. West Virginia has no general non-compete statute. A covenant that is unreasonable on its face is void, while one that is reasonable on its face is presumptively enforceable once the employer shows a protectable interest; the employee may rebut by showing a narrower covenant would protect the employer. Physician covenants are capped at one year and 30 road miles and are void if the employer ends the physician's employment.
Did the FTC ban non-competes in West Virginia?
No. The FTC's 2024 rule never took effect — a federal court set it aside in August 2024, the FTC dropped its appeals in September 2025 and removed the rule from the Code of Federal Regulations in February 2026. State law controls, though the FTC still challenges some non-competes case by case.
Official Sources
Figures checked against these sources on 2026-10-07Other states
Same category (Enforceable if reasonable): Alaska, Arizona, Connecticut, Delaware, Indiana, Iowa, Kansas, Kentucky
Protect information instead with a confidentiality agreement (NDA generator), or hiring in West Virginia? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in West Virginia.