Are employers allowed to require employees to sign a non-compete agreement?

In West Virginia, employers are allowed to require their employees to sign a non-compete agreement. A non-compete agreement is a contract between an employer and employee which prohibits the employee from competing with the employer in the same businesses or profession for a certain period of time, usually after the employment has ended. Typically, non-compete agreements are only enforceable when the employer is protecting something valuable, such as trade secrets, goodwill, or other proprietary business information. Furthermore, the agreement must be reasonable in scope and duration; the court will not uphold an agreement that goes beyond what is necessary to protect the employer’s interests. In West Virginia, the enforceability of non-compete agreements is determined by the courts on a case-by-case basis. Employers should make sure that any agreement they present to an employee is tailored to the specific facts of the situation and is reasonable in terms of scope and duration. If an employee challenges the agreement in court, the employer will need to prove that the agreement is necessary to protect its interests, and that it is fair and reasonable.

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Are employers allowed to require employees to sign a non-compete agreement?

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